Family law – Custody of child – Interim-custody arrangement by the family court – Challenge to – Marital discord between respondent-wife and the appellant-husband – Respondent left the matrimonial home, and since then the child exclusively in her care – Appellant employed on rotational overseas assignments, filed petition seeking permanent custody of the child, and during pendency sought interim visitation – Family Court held that as and when the petitioner is available here, he may move necessary application for getting overnight custody – Thereafter appellant, was required to file a separate interlocutory application on every visit to India – Appellant sought single definitive interim schedule – High Court declined to set aside an interimcustody arrangement made by the Family Court, and directed the appellant to continue moving a fresh application each time he visited India for overnight access to his minor daughter – Justification:
Held: Arrangement devised by family court, requiring the appellant to file a fresh IA on every visit to India, places an undue procedural burden on both the father and, by necessary implication, the minor child – Custody litigation at family court generally proceeds at a measured pace and compelling repetitive applications for the same relief reduces the child’s time, exhausts the father’s limited leave, and invites avoidable conflict at every turn – Meaningful contact with both parents is an integral component for the child’s welfare – Where a non-custodial parent demonstrates consistency to be with the child, pays maintenance, and arranges his professional life around the child’s calendar, as the appellant has done, procedure ought not to stand in the way of a predictable schedule – Child cannot be left to the vagaries of piecemeal orders – Structured timetable, sensitive to her routine and the appellant’s overseas posting, is thus imperative – It is just and equitable to replace the family court’s arrangement with a standing interim arrangement that balances stability with the appellant’s right to regular contact – Impugned order set aside – Directions issued governing interim access until final disposal of the petition or until further orders of family court. [Paras 15-20]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.