1. Custody proceedings for minor children — Dispute over the appropriate jurisdiction for filing the petition. (Para 2 , 3 )
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1999 Supreme(SC) 636
1999(5) Supreme 362
Supreme Court of India
(From Haryana High Court)
S.B. Majmudar & D.P. Mohapatra, JJ.
Pooja Badhadur -Appellant
versus
Uday Bahadur -Respondent
Civil Appeal No. 2901 of 1999
(Arising out of SLP (C) No. 20015 of 1998)
Decided on 11-5-1999
Counsel for the Parties :
For the Appellant : D.N. Goburdhan, Ms. Geeta Luthra and Sanjeev Sahay, Advocates.
For the Respondent : N.B. Joshi & S. Rajappa, Advocates.
Important Points
The court held that custody proceedings for minor children should be initiated in the Guardian and Wards Court where the children are currently residing, rather than where the petitioner resides.
Subject
Family Law - Child Custody
Act Referred
Headnote
Guardian and Wards Act, 1890-Custody of minor children-Grant of appeal-High Court taking view that custody proceedings by mother would lie in Guardian and Wards Court at Delhi-Not in court at Chandigarh-All minor children residing with father at Delhi-Supreme Court directed transfer of custody proceedings from Chandigarh Court to Guardian and Wards Court, Delhi-District Court Delhi to deal with matter at its earliest convenience-Decide same on its own merit after hearing parties-Arrangement of giving access of minor children to mother on alternative Saturdays to continue on same terms and conditions.
Held : We, therefore, while disposing of this appeal, direct the transfer of custody proceedings from Chandigarh Court to be filed before Guardian and Wards Court, Delhi/District Court, Delhi. The District Court, Delhi shall proceed to deal with this matter at its earliest convenience and may decide the same on its own merits, after hearing the parties in these proceedings. (Para 4)
Arrangement of giving access of the minor children to the appellant-mother on alterntive Saturdays will continue on same terms and conditions, that is, they will be allowed to meet the mother from 11.00 a.m. in the morning of each alternative Saturday till 11.00 a.m. of the succeeding Sunday. This arrangement will be continued till further orders of the Guardian and Wards Court at Delhi. We make it clear tht the Guardian and Wards Court will decide the question of further interim or final relief strcitly on its own merits, without in any way being affected by the interim arrangement which is directed to be continued, without prejudice to the rights and contentions of both the parties, by our present order. (Para 5)
Legal Category Hierarchy
Table of Contents
2. Jurisdiction for custody proceedings — Mother's residence versus residence of the minor children. (Para 3 )
3. The court found that custody proceedings lie in the jurisdiction where the minor children are residing. (Para 3 )
4. Jurisdiction for custody proceedings is determined by the residence of the minor children — Interim arrangements do not prejudice final merit-based decisions. (Para 3 , 5 )
5. Custody proceedings transferred to the court of the children's residence — Interim access for the mother continued. (Para 4 , 5 )
6. Where should custody proceedings for minor children be initiated?
Custody proceedings should be initiated in the court where the minor children are residing. (Para 3 )
7. Does an interim arrangement for child access bind the court when deciding final custody relief?
No, the court deciding final or further interim relief must decide the matter strictly on its own merits, without being affected by any existing interim access arrangements. (Para 5 )
Order
Leave granted.
We have heard learned counsel for the parties.
2. We also tried to work out an amicable settlement between the parties, at least regarding custody of minor children. Various interim orders were passed. The latest interim order regarding access of the minor children to be given to the mother was passed on 26th March, 1999 granting access to the mother on alternative Saturdays listed therein.
3. The appeal arises out of an appellate order of the High Court of Punjab and Haryana at Chandigarh, taking the view that custody proceedings by the mother would lie in the Guardian and Wards Court at Delhi and not in a Court at Chandigarh. As the minor children are residing with the father at Delhi no fault can be found with that order.
4. We, therefore, while disposing of this appeal, direct the transfer of custody proceedings from Chandigarh Court to be filed before Guardian and Wards Court, Delhi/ District Court, Delhi. The District Court, Delhi shall proceed to deal with this matter at its earliest convenience and may decide the same on its own merits, after hearing the parties in these proceedings.
5. Arrangement of giving access of the minor children to the appellant-mother on alterntive Saturdays will continue on same terms and conditions, that is, they will be allowed to meet the mother from 11.00 a.m. in the morning of each alternative Saturday till 11.00 a.m. of the succeeding Sunday. This arrangement will be continued till further orders of the Guardian and Wards Court at Delhi. We make it clear tht the Guardian and Wards Court will decide the question of further interim or final relief strcitly on its own merits, without in any way being affected by the interim arrangement which is directed to be continued, without prejudice to the rights and contentions of both the parties, by our present order.
The Civil Appeal is disposed of accordingly. No costs.
(S.P.M.) Appeal disposed of.
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