Hindu Marriage Act – ss.13-B, 26 – Appellant-father and respondent-mother of a minor child got divorce by mutual consent – Respondent-mother was granted the permanent custody of the minor son and the appellant-father was granted interim custody during the weekends – The appellant alleges that respondent terminated all contacts between him and his son – Appellant filed E.P. No.7 of 2023 in O.P. No.421 of 2021 before the Family Court – The Family Court passed various orders directing respondent to send the minor son to appellant for the weekends – In response to which, respondent filed application in O.P. No.421 of 2021 and sought modification of decree pertaining to interim custody of the minor son during weekends with appellant – The Family Court allowed E.P. No.7 of 2023 and appointed advocate commissioner to execute decree – The said order was challenged by the respondent before the High Court – The High Court remanded the matter back to the Family Court with a direction to decide E.P. No.7 of 2023 afresh and I.A. No.865 of 2023 strictly in accordance with law – Correctness:
Held: The matter needs fresh consideration – The impugned Judgment is not interdicted – During the interregnum period, the father cannot be totally deprived of the company of the minor son – Taking a cue from the various interim orders passed by the Family Court relating to the modalities of the custody of the minor son, it is directed that till the time the Trial Court decides the modification petition and the execution petition filed by appellant, the father would have visitation rights from 04:00 PM to 06:00 PM on every Sunday – The matter is remanded back to the Family Court with a direction to conclude the matter expeditiously – If the respondentmother were to obstruct the implementation of the arrangement in any manner whatsoever, it will be open for the appellant-father to apprise this Court of the same – In such eventuality, necessary consequences in law, including coercive measures, would follow. [Paras 16, 18, 19]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. 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.