VidhiSangh

Supreme Court of India · 15/02/2019

PERRY KANSAGRA versus SMRITI MADAN KANSAGRA

[2019] 3 S.C.R. 991 · 2019 INSC 215

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Summary

The Court set aside a review judgment excluding mediator and counsellor reports in a child-custody matter. Review could not substitute a fresh appellate assessment for the earlier decision. While parents’ settlement communications remained confidential, the child’s natural responses and a counsellor’s welfare assessment could assist the court’s protective jurisdiction. The counsellor’s involvement was known to the parties and expressly accepted by the High Court, bringing it within the broad assistance power.

Issues

  1. Whether the High Court exceeded review jurisdiction by revisiting its earlier decision.
  2. Whether confidentiality excluded the reports concerning the child’s welfare.
  3. Whether the counsellor’s engagement was impermissible because she was not appointed under Section 6.

Provisions considered

Held

Result

Appeal allowed; review judgment of 11 December 2017 set aside and earlier judgment of 17 February 2017 restored, permitting consideration of the reports in this case. No order as to costs.

Judgment PDF: Supreme Court of India, [2019] 3 S.C.R. 991.