NDLI: Mrs Ritika Sharan Vs. Mr Sujoy Ghosh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Custody Matrimonial Dispute Divorce
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Hindu Marriage Act, 1955 (25 of 1955)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Matrimonial Dispute – Custody of minor child – Appellant-wife and respondent-husband living apart since 2016 – Divorceproceedings pending before Family Court, Bengaluru – Appellantposted in Singapore in September 2017 – Child staying in Bengaluruwith maternal grandparents – Appellant restrained from taking thechild out of Bengaluru – Family Court vide order dated 01 March2018 granted visitation rights to the respondent – Appellant’s writpetition challenging the order restraining her from taking the childout of Bengaluru, dismissed – On appeal, held: While the child isattached to the respondent, he has indicated his desire to residewith his mother in Singapore – His welfare is of paramount concern– Technicality of whether or not the appellant challenged the FamilyCourt’s order dated 1 March 2018 cannot obfuscate the same –The fact that the parents of the appellant have moved to Bengaluruto help her, does not transfer the custody of the child from theappellant to the maternal grand-parents – Respondent’s insistencethat the court should direct for continued presence of the child underthe care of maternal grandparents, not fair – Nor is there sufficientmaterial to indicate that the respondent is in a position to look afterthe child on his own – Impugned judgment set aside – Appellantpermitted to take the child with her to Singapore – Respondent tohandover passport of the child to appellant – Directions issued tofacilitate the grant of access and visitation rights to the respondent– Constitution of India – Art.142 – Hindu Marriage Act, 1955 –s.13(1)(i-a) – Domestic Violence Act, 2005 – Guardianship.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2020 INSC 615
Petitioner	Mrs Ritika Sharan
Respondent	Mr Sujoy Ghosh
SCR	[2020] 10 S.C.R. 363
Judgement Date	2020-10-28
Case Number	3544

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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