Advocates appeared:
For the Petitioner(s): Ms. Liz Mathew, Sr. Adv. Mr. Vishnu Sharma A.S., AOR Ms. Bhagavathy Vennimalai, Adv.
For the Respondent(s): Ms. Kiran Suri, Sr. Adv. Mr. S.j. Amith, Adv. Ms. Aishwarya Kumar, Adv. Dr. Mrs. Vipin Gupta, AOR

Based on the provided legal document, here are the key points:

Case Details * Citation: 2025 Supreme(SC) 1071; 2025 INSC 853; 2025 10 SCC 436; 2025 2 OLR 436; 2025 KLT(Online) 2403; 2025 KHC(Online) 6606 (!) * Court: Supreme Court of India (!) * Judges: Vikram Nath, Prasanna B. Varale, JJ. (!) * Parties: Neethu B. @ Neethu Baby Mathew (Petitioner) vs. Rajesh Kumar (Respondent) (!) * Case Numbers: R.P. (C) Nos. 2273-2274 of 2024; In Civil Appeal Nos. 5395-5396 of 2024 (!) * Date Decided: 15-07-2025 (!) * Subject: Family Law - Child Custody (!) * Acts Referred: Constitution of India: Article 137 (Review jurisdiction), Article 145 (!)

Factual Background * Marriage & Child: Petitioner and Respondent married in 2011; son born in 2012 (!) * Separation: Parties lived separately from 22.10.2013; divorce by mutual consent finalized on 26.06.2015 (!) * Original Custody Agreement: Mother granted custody; Father granted visitation on two Saturdays a month (!) * Petitioner's Remarriage: Petitioner remarried Handel Thomas in 2016; they have two other children (!) * Relocation Issue: In October 2019, Respondent learned of Petitioner's intent to relocate child to Malaysia for Petitioner's husband's job; child's religion changed without Respondent's consent (!) * Litigation History: * Respondent filed for permanent custody in 2020 (!) * Trial Court (Oct 2022) granted custody to Mother (!) (!) * High Court (Oct 2023) granted custody to Father, restricting Mother to virtual visitation (!) * Supreme Court (Aug 2024) dismissed Petitioner's appeals, confirming custody with Father (!)

Grounds for Review * New Evidence: Petitioner claimed the dismissal of appeals caused immense negative impact on the child's mental health (!) * Psychological Reports: Clinical Psychologist reports (CMC, Vellore) dated 03.09.2024, 19.10.2024, 07.01.2025, and 29.03.2025 indicated high risk for separation anxiety disorder and anxiety due to the custody change threat (!) (!) (!) * Alleged Threats: Petitioner alleged Respondent threatened the child regarding separation, exacerbating psychological distress (!)

Legal Principles Applied * Review Jurisdiction: Review is sparingly exercised and requires a manifest wrong or new evidence discovered after due diligence (!) (!) * Child Welfare Paramountcy: The child's welfare is the paramount consideration; custody orders are not rigid and must consider changing circumstances (!) (!) (!) * Best Interest Factors: Includes emotional stability, quality education, and a secure family environment (!) * Stability: Disrupting a stable environment where the child has been raised since infancy is detrimental (!) (!)

Court's Findings & Reasoning * New Evidence Accepted: The child's deteriorating mental health is a new development post-decision, justifying review under Article 137 (!) * Current Caregiver Status: Child has been exclusively with Mother since 11 months of age and views her as primary caregiver (!) * Stepfather's Role: Child recognizes stepfather as a paternal figure; stepfather committed to education and financial support (!) * Father's Involvement: Child has not formed a bond with biological father due to lack of interaction since 2014; abrupt custody change would be damaging (!) (!) * Conclusion: Changing custody to the Father would upend the child's stable environment and harm his welfare (!) (!)

Relief Granted / Directions * Custody: Permanent custody remains with the Petitioner-Mother (!) (!) * Virtual Visitation: Respondent-Father allowed virtual interaction twice a week (30 mins each) (!) * In-Person Visitation: Respondent allowed to visit in-person for one day every weekend (10 a.m. to 5 p.m.) (!) (!) * Handover: Child to be produced before Family Court Officer for handover on Saturdays (!) * Relocation Restriction: Mother restrained from taking child outside India except during Onam, Christmas, and 50% of summer vacations (!) * Reporting: Mother must submit travel details 2 weeks prior and 10 days prior for foreign travel (!) (!) * Psychological Monitoring: Mother to continue psychotherapy; Father to attend counseling sessions to understand child's emotional state (!) * Re-assessment: Mandatory re-assessment of child's health at CMC, Vellore within three months (before 31st Oct 2025) (!) * Future Visitation: Overnight stay or longer visitation not granted now; subject to modification based on positive behavioral changes (!) * Conduct: Both parents advised against making insensitive remarks or threats to the child (!) (!) * Court Attendance: Physical presence of child in court premises advised to be avoided unless absolutely necessary (!)

Final Order * Review petitions allowed; original Supreme Court order of 22.08.2024 recalled (!) * High Court order of 17.10.2023 set aside (!) * Trial Court conditions reaffirmed with modified visitation arrangements (!)