SUGIRTHA versus GOWTHAM

SUGIRTHA versus GOWTHAM

While the father is entitled to interim visitation as natural guardian, visitation arrangements must prioritize the child's health and welfare; accordingly the place of visitation ordered by the courts below (Karur) was modified and visits were directed to take place in Madurai under specified conditions.

Parties
Appellant: Sugirtha; Respondent: Gowtham
Jurisdiction
India
Judgment Date
19 December 2024
Procedural Posture
Civil Appeal No. 14833 of 2024 / Appeal to the Supreme Court (judgment on Appeal)
Outcome
Appeal partly allowed
Legal Topics
Visitation Rights, Custody, Guardianship, Interim Orders, Best Interest of the Child
Family Law Matrimonial Law Child Welfare Visitation Rights Custody Guardianship Interim Orders Best Interest of the Child

Case Brief

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Parties

Sugirtha

Appellant

Gowtham

Respondent

Procedural Posture

Civil Appeal No. 14833 of 2024 / Appeal to the Supreme Court (judgment on Appeal)

Legal Issues

  1. 1 Whether a child can be made to travel approximately 300 kilometres roundtrip to enable the father to exercise visitation rights
  2. 2 Whether the place of visitation directed by the Family Court/High Court (Karur) should be modified to protect the child's welfare
  3. 3 Whether serious allegations of domestic violence affect interim visitation rights at this stage

Ratio Decidendi

While the father is entitled to interim visitation as natural guardian, visitation arrangements must prioritize the child's health and welfare; accordingly the place of visitation ordered by the courts below (Karur) was modified and visits were directed to take place in Madurai under specified conditions.

Court Disposition

Appeal partly allowed

Orders

  • Respondent shall be allowed to visit the minor daughter every Sunday between 10:00 AM and 02:00 PM in Madurai
  • Such visits shall take place in Madurai in a public park or temple premises and in the presence of the appellant; the appellant shall stay at a distance of approximately 10 feet