EBY Cherian vs Jerema John - 2025 Supreme(SC) 848

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 848

VIKRAM NATH, SANDEEP MEHTA
EBY Cherian – Appellant
Versus
Jerema John – Respondent

Advocates appeared:
For the Petitioner(s): Ms. Shashi Kiran, Sr. Adv. Ms. Sadhana Sandhu, AOR Dr. Satish Chandra, Adv. Ms. Sangeeta Bhalla, Adv. Ms. Ashna Singh, Adv. Ms. Anju Sen, Adv.
For the Respondent(s): Mr. Abhinay, AOR Ms. Sumati Jund, Adv. Ms. Kirti Vyas, Adv.

Table of Content
1. background of custody dispute (Para 2 , 3 , 4 , 6)
2. contentions on custody arrangements (Para 7 , 8)
3. nature of the appeal regarding interim custody. (Para 10 , 12)
4. arguments by parties on the welfare of the child (Para 13 , 14)
5. court analysis on existing arrangements (Para 15 , 16 , 17 , 18)
6. new interim custody order (Para 19 , 20)
7. request for expeditious hearing (Para 21 , 22)

JUDGMENT

VIKRAM NATH, J.

1. Leave granted.

2. The present appeal assails the judgment dated 23 August 2024 of the High Court of Kerala at Ernakulam in O.P. (FC) No. 364 of 2024. By the impugned order the High Court declined to set aside an interim-custody arrangement made by the Family Court, Ernakulam on 21 September 2023 in O.P. No. 1085 of 2023, and directed the appellant–father to continue moving a fresh application each time he visited India for overnight access to his minor daughter.

3. The essential background may be stated briefly. The parties were married on 10 January 2016. The appellant is a graduate engineer who has spent most of his career on rotational overseas assignments, initially in Angola and, since 27 August 2024, in the United Arab Emirates, returning to India du