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Constitutional law

NEETHU B. @ NEETHU BABY MATHEW versus RAJESH KUMAR

The Court entertained the review because the post-judgment psychological assessment reports constituted new evidence satisfying the triple test and showed deterioration in the child’s mental health directly consequent to the change in custody; in the best interest of the child the Court restored custody to the mother (re-affirmed Trial Court's custody finding), recalled its earlier order dismissing the appeals, allowed the civil appeals, set aside the High Court order, and granted conditional virtual and limited physical visitation rights to the father with directions for counseling and perio…

Source excerpt

  • Article 137 review
  • Custody of child
  • Best interest of the child
  • Psychological assessment
  • Visitation rights
  • Scope of review jurisdiction
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Family law

ARATHY RAMACHANDRAN versus BIJAY RAJ MENON

The High Court's order granting alternate 15 days' interim custody to the father was unsustainable as it was not conducive to the welfare of the children; the interim custody of the three-year-old son to the father was set aside, and a modified access regime was directed whereby the father is entitled to interim custody of the daughter on alternate Saturdays and Sundays and on either of those days may have the son for four hours supervised by a child counsellor, with additional requirements for the father to endeavour to provide home cooked meals and permitted timed video calls.

Source excerpt

  • Guardians and wards act, 1890
  • Interim custody
  • Visitation rights
  • Welfare of child
  • Parental access and bonding
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Constitutional law

RAMANUJ KUMAR versus PRIYANKA

The marriage had completely and irrevocably broken down: the parties had lived separate lives for over a decade, mediation attempts failed, and neither party showed willingness to restore the marital bond; in these circumstances the Supreme Court exercised its jurisdiction under Article 142 to dissolve the marriage on the ground of irretrievable breakdown and, considering the welfare of the child, granted limited visitation rights to the respondent.

Source excerpt

  • Irretrievable breakdown of marriage
  • Exercise of jurisdiction under article 142 of the constitution of india
  • Visitation rights
  • Custody and welfare of the child
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Family law

KIRAN RAJU PENUMACHA versus TEJUSWINI CHOWDHURY

The Supreme Court held that the modification petition and execution petition require fresh consideration by the Family Court; while remanding the matters for fresh adjudication, the Court granted limited interim visitation rights to the father (Sundays 04:00 PM to 06:00 PM with the child accompanied by a caretaker who remains on the premises) and directed the Family Court to decide E.P. No.7 of 2023 and I.A. No.865 of 2023 expeditiously, within three months, while preserving remedies if the Respondent obstructs implementation.

Source excerpt

  • Modification of decree
  • Execution petition
  • Visitation rights
  • Best interest of the child
  • Parens patriae jurisdiction
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Family law

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.

Source excerpt

  • Visitation rights
  • Custody
  • Guardianship
  • Interim orders
  • Best interest of the child
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Family law

GAUTAM KUMAR DAS versus NCT OF DELHI AND OTHERS

Given that the appellant is the only surviving natural guardian, is fit (employed, resident in Delhi, remarried with female support), and that the welfare of the child is best served by living with her natural family, the temporary custody by the sisters-in-law cannot defeat the father's claim; on these facts the writ remedy was appropriately exercised and custody must be handed to the father with specified visitation rights.

Source excerpt

  • Custody of minor child
  • Habeas corpus in custody matters
  • Guardians and wards act, 1890
  • Natural guardian
  • Visitation rights
  • Welfare of the child
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Guardianship

COL. RAMNEESH PAL SINGH versus SUGANDHI AGGARWAL

The Supreme Court allowed the appeal, set aside the High Court order granting shared custody, and upheld the Family Court's award of permanent custody to the father because the children's clear and consistent preference to reside with him (they were old enough to express an intelligent choice) combined with the absence of any identified instances of alienating behaviour and the adequacy of support available to Armed Forces families meant that custody with the father was in the minors' welfare; visitation rights of the mother as per the Family Court order were to continue.

Source excerpt

  • Custody of minor children
  • Visitation rights
  • Shared custody
  • Parental alienation syndrome (pas)
  • Guardian and wards act ss.7,9,17,25
  • Protection of women from domestic violence act, 2005
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Custody

SWAMINATHAN KUNCHU ACHARYA versus STATE OF GUJARAT & ORS.

On the facts the High Court erred in awarding custody to the maternal aunt; because there were no findings that the paternal grandparents were unfit and considering the child's interim residence and inclination, the balance for the child's welfare and best interest tilts in favour of the paternal grandparents, who shall continue custody subject to the final outcome of pending Section 7 proceedings.

Source excerpt

  • Welfare of the child
  • Best interest of the child
  • Visitation rights
  • Interim custody
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Family law

AMYRA DWIVEDI (MINOR) THROUGH HER MOTHER, SMT. POOJA SHARMA versus ABHINAV DWIVEDI AND ANOTHER

The High Court's direction to confine visitation to two hours once a month at the District Legal Services Authority office was inadequate as it did not provide a child-friendly atmosphere; instead, meaningful visitation must be granted pending custody proceedings. The Supreme Court therefore directed specific expanded visitation and contact arrangements (weekend access increasing after an initial eight-week familiarisation period, festival and vacation access, birthday arrangements, school access and daily short calls), and noted the mother remains free to seek custody under the Guardians and…

Source excerpt

  • Child custody
  • Visitation rights
  • Habeas corpus
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Child and family welfare

YASHITA SAHU versus STATE OF RAJASTHAN & ORS.

The writ of habeas corpus was maintainable to secure the child's welfare; because the wife had removed the child from the USA in violation of the Norfolk Court order her custody could not be regarded as strictly legal, but a writ court cannot compel an adult spouse to relocate abroad; balancing the child's welfare and international comity, the Court issued conditional two-part directions: (i) if the mother agrees to return to the USA, the husband’s undertaking and arrangements govern custody and related expenses pending USA court orders; (ii) if she refuses, custody was directed to be handed…

Source excerpt

  • Child custody
  • Habeas corpus
  • Comity of courts
  • Visitation rights
  • Contact rights
  • Writ jurisdiction
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.