VidhiSangh

Supreme Court of India · 14/05/2025

EBY CHERIAN versus JEREMA JOHN

[2025] 6 S.C.R. 202 · 2025 INSC 709

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Pending a father's custody petition before the Family Court, the Court held that requiring an overseas-employed non-custodial parent to file a fresh interlocutory application for overnight access on every visit to India imposed an undue procedural burden on him and the child, and substituted a standing interim access schedule covering weekends, summer and festival vacations and video calls until the custody petition is decided.

Issues

  1. Whether, pending adjudication of the custody petition, the Family Court and the High Court were justified in compelling the appellant-father to seek overnight custody through successive interlocutory applications on each visit to India instead of framing a structured interim-access schedule balancing the child's welfare with the rights and obligations of both parents.

Provisions considered

Held

Result

Appeal partly allowed; the High Court's order dated 23 August 2024 set aside to the extent indicated and replaced by the standing interim access directions in paragraph 20, to operate until final disposal of O.P. No. 1085 of 2023 or further orders of the Family Court; the Family Court, Ernakulam requested to decide the custody petition expeditiously; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 6 S.C.R. 202.