VidhiSangh

Supreme Court of India · 17/03/2021

AMAN LOHIA versus KIRAN LOHIA

[2021] 2 S.C.R. 1131 · 2021 INSC 190

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Summary

The Supreme Court set aside ex parte orders transposing the mother as petitioner and declaring her sole guardian, because the Family Court rushed the proceedings without ensuring notice and a fair opportunity to the father after counsel withdrew. Flexible family-court procedure did not dispense with mandatory safeguards. The guardianship petition and relevant applications were revived, with merits and maintainability questions left open. The ruling did not restore immediate custody to the father. The mother was restrained from taking the child outside Delhi or abroad without the Supreme Court’s prior permission.

Issues

  1. Whether the Family Court followed fair procedure before transposition and final guardianship orders.
  2. Whether abandonment could be presumed from counsel’s withdrawal and the father’s absence.
  3. What remand and interim safeguards should follow without deciding custody merits.

Provisions considered

Held

Result

Appeal partly allowed and transferred case disposed of. Impugned and follow-up orders set aside; guardianship proceedings remanded with specified applications revived and transposition request dismissed. Custody merits left open and travel restriction imposed. No costs.

Judgment PDF: Supreme Court of India, [2021] 2 S.C.R. 1131.