VidhiSangh

Supreme Court of India · 19/12/2024

SUGIRTHA versus GOWTHAM

[2024] 12 S.C.R. 2089 · 2024 INSC 1036

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Summary

In a mother's appeal against interim visitation directions made during divorce proceedings, the Supreme Court upheld the father's right of visitation but, finding no reasons for fixing the venue 150 km away at Karur, shifted weekly supervised visits to Madurai where the two-year-old child lives, as the child's welfare is paramount.

Issues

  1. Whether the High Court and Family Court rightly required the mother to take a two-year-old child about 150 km each way every Sunday so that the father could exercise interim visitation rights.
  2. How the father's right of visitation is to be balanced against the welfare and health of a child of tender age during pending matrimonial proceedings.

Provisions considered

Held

Result

Appeal partly allowed on the limited question of the place of visitation; the High Court's judgment modified by directions shifting weekly Sunday visits to Madurai; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 2089.