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Damayanti Hemant Matani v. Dr. Viren Bhagwandas Asher

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8175 of 2016)Decided 17 Aug 2016
Civil Appeal No. 8175 of 2016
Justice Kurian Joseph · Justice Shiva Kirti Singh

Background

The appellant mother challenged a High Court order that permitted the respondent father to take their minor child, "Darsh," from India to Nottingham, U.K. for a necessary surgical procedure, for a four-month period spanning the child's academic schedule (August to November 2016). The father appeared in person before the Supreme Court.

Decision Breakdown

The Court modified the High Court's order so that the treatment period in the U.K. would instead run from the first week of October 2016 to 31 January 2017, better fitting the child's academic calendar. It directed the father and the child's grandmother, Dr. Niranjana Asher, to file an affidavit before the child's departure confirming the child would be brought back to India and returned to the mother's custody on completion of treatment. The mother was directed to hand over custody to the father on 1 October 2016, and the father confirmed he had no objection to the grandmother accompanying and staying with the child during treatment abroad. The appeal was disposed of on these terms, with liberty for either party to seek further directions if modification was needed.

Lesson Learnt

In custody disputes involving a child's medical needs, courts will tailor practical safeguards, such as sworn affidavits to return the child and a clear handover date, to balance a parent's need to travel for treatment against the other parent's and the court's interest in the child's safe and timely return.

Official source (sci.gov.in)View Judgment (PDF)

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