Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Minority and Guardianship Act 1956 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Minority and Guardianship Act , 1956 – s.6 –Guardianship – Custody rights – Appellant and respondent no.1divorced by mutual consent – In terms of the divorce decree, custodyof the children (son and daughter) was to be with the appellant andthe appellant was to provide for expenses of the son, while respondentno.1 was to provide likewise for the daughter – Appellant andrespondent no.1 were doctors with the CRPF posted in Nanded – Atthe relevant time, however, appellant was transferred to Jammunecessitating admission of the children to boarding school –Respondent No.1 failed to make financial contributions as agreed– Appellant sent legal notice to respondent no.1 – Respondent no.1filed application seeking custody of the children as also a suit fordeclaration that decree of divorce was obtained by fraud – HighCourt directed the custody of the children to be with respondentno.1, with visiting rights to the appellant – Propriety of – Held:Decision to give custody of the children to the appellant was aconscious decision taken by the parties and can hardly becategorised as a decision under force, pressure or fraud – Triggerfor respondent no.1 claiming custody of the children arose onlywhen the appellant asked her to contribute financially – Present isnot a case of financial difficulty, but the unwillingness of respondentno.1 to contribute for her own daughter – Proceedings for thecustody and for cancellation of the decree of divorce were topressurise the appellant to not claim any amounts – High Courtgave undue importance to the conversation with the children at atime when naturally they would prefer to stay with a parent ratherthan a boarding school – It was not as if the appellant was notlooking after the children – Children showed affection for theappellant – It was due to the exigencies of his service conditionsthat the children had to be put in a boarding school for some time, which exigency also does not remain at present – Further, appellant’ssecond marriage cannot be put against him as the parties had agreedthat they were free to re-marry – Interference by the High Courtwas unjustified – Order of the Family Court granting divorce interms of the decree was in order – Children be returned to theappellant by respondent No.1 – Rights and obligations as envisagedin the decree of divorce by mutual consent bind both the parties –Code of Civil Procedure, 1908– Order II, r.2. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2018 INSC 1007 |
Petitioner | Dr. Amit Kumar |
Respondent | Dr. Sonila And Ors. |
SCR | [2018] 13 S.C.R. 561 |
Judgement Date | 2018-10-26 |
Case Number | 10771 |
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