VidhiSangh

Supreme Court of India · 17/03/2025

KIRAN RAJU PENUMACHA versus TEJUSWINI CHOWDHURY

[2025] 3 S.C.R. 802 · 2025 INSC 358

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Summary

After a mutual-consent divorce decree gave the mother permanent custody of the minor son and the father weekend interim custody, the father filed an execution petition for its enforcement while the mother sought modification of the custody terms. The High Court set aside the Family Court's order executing the decree and remanded both petitions for fresh decision. The Supreme Court declined to interfere with the remand, holding that in a matter concerning a minor child the court acts as parens patriae and must consider the execution and modification petitions together, but directed interim supervised Sunday visitation for the father and a time-bound decision by the Family Court.

Issues

  1. Whether an execution petition for enforcing the custody and visitation terms of a consent decree of divorce should proceed independently of, or be decided together with, the other parent's pending petition for modification of those terms.
  2. What interim visitation arrangement should operate between the father and the minor son pending the Family Court's fresh decision.

Provisions considered

Held

Result

Appeal disposed of; High Court's remand left undisturbed; Family Court directed to decide the modification and execution petitions expeditiously and within three months of communication of the judgment; interim Sunday visitation arrangement for the father to operate until then; no opinion expressed on merits; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 802.