Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1782

SUPREME COURT OF INDIA
A.S. BOPANNA, MANOJ MISRA, JJ.
Adarsh C.B. – Petitioner
Versus
Aswathy Sidharthan – Respondent
Petition for Special Leave to Appeal (C) No. 2437 of 2023
Decided On : 03-10-2023

Advocates:
Advocate Appeared:
For the Petitioners: Sriram Parakkat, Nishe Rajen Shonker, Anu K. Joy, Abraham C. Mathew, Alim Anvar
For the Respondents: Tanya Aggarwal, Arkaj Kumar, Neelam Singh

The Supreme Court ruled that the welfare of the child necessitates visitation rights in a suitable environment rather than a court setting.

Headnote:(A) Guardians and Wards Act, 1890 - Welfare of the child - The Family Court granted visitation rights to the father on Sundays in court premises, maintained by the High Court - However, the Supreme Court found that visitation in court was not in the child's interest due to the environment. (Paras 1-2)

(B) Custody arrangements - The visitation rights were modified, directing the interim custody of the child to be handed over at a specified location to foster a better environment for the child - The arrangement allows for visitation at an entrance of a mall, maintaining the schedule on Sundays. (Paras 3-4)

Facts of the case:
The petitioner-father sought to appeal the Family Court's decision on visitation rights, initially granted in court, which the High Court did not interfere with, prompting the father to appeal to the Supreme Court.

Findings of Court:
The Supreme Court amended the visitation arrangements to allow the father to spend time with the child in a more suitable environment, changing from court to a public place.

Issues: The primary issue was the appropriate setting and conditions for granting visitation rights to ensure the welfare of the child.

Ratio Decidendi: The court emphasized that the welfare of the child is paramount and that visitation rights should occur in an environment conducive to the child's well-being rather than the confines of a court.

Result: Petition for altering visitation rights granted.

Table of Content
1. visitation rights granted by family court. (Para 1)
2. child’s welfare is a primary concern. (Para 2)
3. altered visitation arrangement for child. (Para 3)
4. next court date set for review. (Para 4)

ORDER :

1. The Family Court, through its order dated 10.11.2023, had granted the visitation rights of the child to the petitioner-father herein between 11:00 a.m. to 04:00 p.m. on Sundays in court premises. The High Court, did not however, interfere with the said order. It is in that light, the petitioner-father is before this Court.

2. In a matter of the present nature, it is needless to mention, as rightly observed by the High Court, the welfare of the child is also to be kept in view by the Court. However, at this stage we find that the repeated visitation rights in the Court premises, would also not be in the interest of the child as the environment during which the visitation rights are exercised, would also matter.

3. Therefore, at this stage, we see no reason to dispose of the instant petition but we direct that the visitation rights, as granted by the Family Court, shall stand altered for the present whereby the interim custody of the child shall be made over to the petitioner-father by the respondent-mother at the entrance of the RP Mall, Kollam, Kerala at 11:00 a.m. on Sundays. The petitioner-father may take the child to the said mall and exercise the visitation rights till 02:00 p.m. of the same day. The custody of the child shall be made over to the respondent-mother at the same spot (entrance of the mall) where the child was made over to the petitioner-father at 02:00 p.m. The said arrangement shall continue on the Sundays, as has been ordered by the Family Court and a further consideration would thereafter be made by this Court.

4. List the matter on 31.10.2023.

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