VidhiSangh

Supreme Court of India · 06/03/2020

AMYRA DWIVEDI (MINOR) THROUGH HER MOTHER, SMT. POOJA SHARMA versus ABHINAV DWIVEDI AND ANOTHER

[2020] 4 S.C.R. 687 · 2020 INSC 293

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Summary

The Supreme Court substantially expanded a mother’s contact with her young daughter, replacing two monthly hours in a legal-services office with phased weekend visits and stays, festival and vacation time, school participation and daily calls. Visitation must protect the child’s welfare and allow a comfortable parent-child relationship. The Court left the mother free to seek custody under the Guardians and Wards Act and permitted the appropriate court to enlarge visitation if needed.

Issues

  1. Whether restricted monthly visitation in a legal-services office adequately served the child’s welfare.
  2. What visitation and contact arrangements should replace it while leaving custody remedies open.

Held

Result

Appeal disposed of with expanded visitation and contact directions. Custody proceedings under the Guardians and Wards Act remained open; final custody was not awarded in this appeal.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 687.