NDLI: Perry Kansagra Vs. Smriti Madan Kansagra

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Custody and guardianship Confidentiality in mediation Child welfare
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Family Courts Act, 1984 (66 of 1984)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Child welfare:Custody and guardianship matter – Confidentiality in mediation process – Reports of the mediator as also of the counsellor concerning the behavior and attitude of the child, if could be used in court proceedings, when the mediation process has failed – Held:Complete adherence to confidentiality is absolutely correct in normal matters where the role of the court is purely of an adjudicator – But such an approach not essentially conducive when the court is called upon and expected to discharge its role in the capacity as parenspatriae and is concerned with the welfare of a child – All custody and guardianship issues are resolved on the touchstone or parameter of best interest of the child – Statements made by the parents during the course of mediation may not be relied upon on the ground of confidentiality but natural responses and statements made by the minor to the Counsellor, reports of the Counsellor touching upon the home environment of the parties concerned, their personalities and their relationship with their child or children would assist the court in determining the custody or guardianship issues, any technicality ought not to stand in the way – Order passed by the High Court holding that the reports of Mediator and Counsellor were part of confidential proceedings and no party could be permitted to use the same in any court proceedings or could place any reliance, set aside – Family Courts Act, 1984 – ss. 6 and 12 –Family Courts (Procedure) Rules, 1992 – r 8(viii).Review: Review jurisdiction – Exercise of – When – Held: To exercise review jurisdiction, the error must be self-evident – An error which is required to be detected by a process of reasoning can hardly be said to be an error apparent on the face of the record – On facts,the exercise of jurisdiction was not correct – High Court acted as if it was sitting in appeal over the earlier decision – Even assuming that there was no correct appreciation of facts and law in the earlier judgment, the parties could be left to challenge the decision in an appeal – Review was not a proper remedy at all – High Court erred in entertaining the review petition and setting aside the earlier view.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 215
Petitioner	Perry Kansagra
Respondent	Smriti Madan Kansagra
SCR	[2019] 3 S.C.R. 991
Judgement Date	2019-02-15
Case Number	1694

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