Child custody - The Legal Chamber

The Supreme Court ruled that K. Umadevi is entitled to maternity leave under FR 101(a), setting aside the High Court Division Bench's decision. The Court emphasized a purposive and liberal interpretation of maternity benefit provisions, aligning with reproductive rights under Article 21 of the Constitution and international conventions, irrespective of prior children not in the mother's custody or born from a previous marriage. Facts Of The Case: K. Umadevi, the appellant, married A. Suresh in 2006, having two children from this wedlock in 2007 and 2011. Their marriage was dissolved in 2017, and the children remained in the custody of her former husband. In December 2012, she joined government service as an English Teacher in Tamil Nadu. On September 12, 2018, the appellant remarried M...

The Supreme Court ruled that requiring a non-custodial parent to file repeated applications for visitation rights imposes undue procedural burdens. It held that interim custody arrangements must balance a child's welfare with both parents' rights, emphasizing structured access schedules over case-by-case approvals. The judgment establishes that meaningful parent-child contact shouldn't be hindered by procedural formalities when consistent involvement is demonstrated, particularly in transnational custody cases. The Court directed family courts to implement standing visitation orders pending final custody determinations. Facts Of The Case: The case involved a custody dispute between Eby Cherian (appellant), an engineer working rotational overseas postings, and Jerema John (respondent), a ...

Tag: Child custody

Child Custody Battle : Supreme Court Eases Custody Rules for NRI Father