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SUPREME COURT OF INDIA
S. RANGANATHAN AND K.N. SAIKIA, JJ.
Smt. Manju Tiwari, Petitioner
Versus
Dr. Rajendra Tiwari and another Respondents.
Writ Petn. (Criminal) No.264 of 1989. D/- 18-1-1990.
Custody - Child Custody - The court granted custody of the child to the mother based on the child's age and past history, allowing the father visitation rights on weekends.
Fact of the Case:
The writ petition was for the custody of a child who was with the husband of the petitioner. The court decided to grant custody to the mother as the child was less than 5 years old, with the father having visitation rights on weekends.
Finding of the Court:
The court found that the custody of the child should be immediately given to the mother based on the child's age and past history, while allowing the father to apply for custody in appropriate guardianship proceedings.
Issues: The main issue was the custody of the child and whether it should be with the father or the mother.
Ratio Decidendi: The court decided to grant custody to the mother based on the child's age and past history, while allowing the father to apply for custody in appropriate guardianship proceedings.
Final Decision: The writ petition was disposed of with the custody of the child granted to the mother, and the father being entitled to visit the residence of the petitioner and be with the child during weekends.
JUDGMENT
ORDER :- Issue Rule Nisi. Both counsel have been heard and the Writ Petition is disposed of finally.
2. This is a writ petition for the custody of a child who is with the husband of the petitioner at present. It is unnecessary to recount the earlier history in the present case because we do not propose to finally decide at this stage whether the guardianship of the child should be with the father or the mother. There are mutual allegations which have to be gone into and decided by a court of law in appropriate proceedings.
3. We are, however, satisfied having regard to the circumstances of the case and the past history that the custody of the child should be immediately given to the mother as the child is less than 5 years old. The mother will, therefore, have the custody of the child. It will, however, be open to the father, that is, respondent No. 1 to apply for the custody of the child in appropriate guardianship proceedings. The respondent No. 1, however, will be entitled to visit the residence of the petitioner and be with the child during week ends (on Saturdays and Sundays).
4. The writ petition is disposed of accordingly.
Order accordingly.
For Citation : AIR 1990 SC 1156
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