VidhiSangh

Supreme Court of India · 29/04/2025

ARATHY RAMACHANDRAN versus BIJAY RAJ MENON

[2025] 4 S.C.R. 2063 · 2025 INSC 587

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Summary

Interim custody dispute between a mother working from home in Thiruvananthapuram and a father employed in Singapore. The High Court, under Article 227, had granted the father 15 days' custody of both children (a daughter aged about eight and a son aged about three) every month. Applying the principle that the child's welfare is paramount, and after interacting in camera with the daughter, the Supreme Court found the arrangement neither feasible nor conducive to the children's well-being and reversed it, substituting custody of the daughter on alternate weekends, four hours' supervised interim custody of the son on one of those days, twice-weekly video calls, and directing the Family Court to expedite the guardianship petition.

Issues

  1. Whether the High Court's interim arrangement granting the father custody of both minor children for 15 days every month was sustainable.
  2. What interim custody and visitation arrangement serves the welfare of the children pending disposal of the mother's petition for permanent custody.

Provisions considered

Held

Result

Appeal allowed; impugned order of the High Court dated 11.12.2024 reversed. Father granted interim custody of the daughter on alternate Saturdays and Sundays and four hours' supervised interim custody of the son on one of those days, with video calls on Tuesdays and Thursdays; Family Court to expedite O.P. (G&W) No. 1185 of 2024; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 2063.