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VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA
Arathy Ramachandran – Appellant
Versus
Bijay Raj Menon – Respondent
Key Points: - The paramount consideration in child custody is the welfare of the child, not parental affection. (!) - The High Court’s 15-days-per-month interim custody to the father was found unsustainable due to concerns about the child’s environment and welfare, including lack of home-cooked meals and lack of company. (!) (!) (!) - The Court directed a revised interim custody arrangement: daughter to have alternate weekend custody with the father; four-hour interim custody for the son on one of those days, supervised by a child counsellor; video calls and home-cooked meals to be provided; parental counselling. (!) (!) - The Court interacted with the child in camera and noted the child’s preference and welfare concerns, including emotional well-being under the prior arrangement. (!) (!) - The High Court’s interim order was reversed; Family Court to expedite permanent guardianship proceedings. (!) (!) - The respondent-father’s access includes two supervised or semi-supervised arrangements and counseling, while ensuring the child’s health and nutrition. (!) (!)
JUDGMENT :
Mehta, J.
1. Heard.
2. Leave granted.
3. The appellant1[Hereinafter, being referred to as ‘appellant-mother’] and the respondent2[Hereinafter, being referred to as ‘respondent-father’], who are both highly qualified professionals, tied the knot in the year 2014. From their wedlock, two children were born-the first being the daughter, on 23.07.2016, and the second being the son, on 05.07.2022. The custody of the children is the subject matter of the present lis.
4. We are informed that at present, the appellant- mother is employed in an IT company which allows her to work from home. The respondent-father is reportedly, working as a General Manager in a construction company at Singapore. It seems that the spouses faced marital discord in the year 2017 and accordingly, both started living separately with occasional attempts at restoring the matrimonial ties. In one of these attempts at reconciliation in the year 2021, the appellant again conceived and gave birth to the son, who is presently about three years of age.
5. The appellant-mother felt a threat perception that the respondent-father may try to forcibly remove the children from her custody. Thus, in June, 2024, she filed a
The paramount consideration in child custody cases is the welfare of the child, not merely parental affection, necessitating a conducive environment for their emotional and physical well-being.
In custody matters under the Hindu Minority and Guardianship Act, a child's welfare is paramount, with primary custody preferred for the mother when the child is under 5 years.
Timely resolution of custody matters is essential for the child's welfare, and interim visitation rights should be granted to ensure the child's mental well-being.
A structured visitation schedule must balance child's welfare with parental rights, minimizing procedural burdens in custody matters.
Minor child does not have coping skills or intellectual ability to understand issues between adult relationship or parents unhappiness.
Family Court's interlocutory orders regarding visitation are not appealable under Section 19 of the Family Courts Act, especially when subsequent events alter the initial conditions significantly.
The welfare of the child is paramount in custody disputes, necessitating a balance between parental rights and the child's safety during visitation.
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