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Family LawSupreme Court of India

Eby Cherian v. Jerema John

Civil Appeal · 2025 INSC 709Decided 15 May 2025
Civil Appeal arising out of SLP (C) No. 24419 of 2024 (C.A. No. 006924-006924 of 2025)
Justice Vikram Nath · Justice Sandeep Mehta

Background

The appellant-father, an engineer working on rotational overseas postings, sought a stable custody/visitation arrangement for his young daughter after the marriage broke down and the mother took the child to live with her in Kerala. The Family Court's arrangement required him to file a fresh application every time he visited India to get overnight custody; despite filing about twenty applications and four High Court petitions over a year, he obtained only 37 days of physical access. The High Court declined to replace this "apply-each-time" system with a fixed schedule, granting only ad hoc interim custody on two specific occasions.

Decision Breakdown

The Supreme Court allowed the appeal in part, finding that requiring a fresh application on every visit placed an undue procedural burden on both the father and, indirectly, the child, especially given the Family Court's counsellor report that the child was comfortable with him. It replaced the piecemeal system with a detailed standing interim schedule (weekend custody during his visits, split vacations, defined video-call windows, travel-consent conditions, and a notice-and-objection procedure) that would apply until the main custody case is finally decided, without further need for repeated applications.

Lesson Learnt

Courts increasingly favour clear, predictable visitation schedules over case-by-case litigation, particularly where a non-custodial parent's overseas work makes recurring applications impractical: procedural convenience for the court system should not come at the cost of a child's meaningful relationship with both parents.

Eby Cherian v. Jerema John – Legal Case Shots | LegalAware