visitation rights - The Legal Chamber

The Supreme Court exercised its review jurisdiction under Article 137 of the Constitution, emphasizing the limited scope of review and the paramount consideration of the child's welfare in custody matters. The Court recalled its earlier order, restoring custody to the mother while granting visitation rights to the father, citing the child's mental health and stability as decisive factors. The judgment reaffirmed that custody orders are interlocutory and subject to modification based on the child's evolving best interests, aligning with the doctrine of parens patriae. The Court underscored the necessity of a stable environment for the child's holistic development and cautioned against abrupt changes in custody arrangements. Facts Of The Case: The case involves a custody dispute between Ne...

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 ...

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