VidhiSangh

Supreme Court of India · 05/04/2019

NUTAN GAUTAM versus PRAKASH GAUTAM

[2019] 6 S.C.R. 461 · 2019 INSC 467

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Summary

The Supreme Court allowed a ten-year-old child to continue at his familiar school near his mother rather than compel attendance at a Delhi boarding school. His expressed preference, settled school environment and attachment to his mother supported that welfare assessment. The direction requiring the wife to elect a single maintenance forum was also set aside. The father received defined daytime visitation, while the underlying matrimonial appeal remained pending.

Issues

  1. Whether the child should be compelled to attend the boarding school.
  2. Whether the wife could be required to elect a single maintenance forum.
  3. What visitation arrangements served the child’s welfare.

Held

Result

Appeals allowed without costs. Impugned orders set aside; child permitted to continue at the Shahjanpur school, maintenance-forum election direction removed, and paternal visitation provided. High Court requested to decide the pending matrimonial appeal expeditiously.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 461.