Child Custody Dispute: Supreme Court Upholds Consent Terms for Parental Access

The Supreme Court of India recently addressed an appeal concerning child custody and visitation rights, ensuring the enforcement of agreed-upon consent terms.

Background of the Case

The appellant, Keshav Arjun Charania, filed an appeal before the Supreme Court, aggrieved by an interim order passed by the High Court. The case revolved around the custody and visitation rights of their minor daughter, Priyanka.

Arguments by the Petitioner and Respondent

The petitioner argued that the existing visitation agreement should be upheld to maintain stability in the child’s routine. The respondent-mother, Indira Keshav Charania, alleged that the petitioner was not honoring the consent terms for access, though this was disputed by the petitioner.

Supreme Court’s Observations

After hearing both sides, the Court ruled: “Having heard learned counsel on both sides, it is very clear that they have no objection in continuing the earlier arrangement of 2nd and 4th Saturday overnight access, till the matter is finally disposed of by the High Court.”

Consent Terms for Access

The Supreme Court upheld the previously agreed-upon terms, which stated:

• The minor daughter, Priyanka, will continue residing with the petitioner-father.
• The mother shall have access to the child on the 2nd and 4th Saturday of each month.
• The mother shall pick up the child from the father’s residence in Chembur and take her to her house in Ghatkopar, returning her by 5:00 p.m. on Sunday.
• Both parties must maintain a diary documenting visitation times.

Final Judgment

The Supreme Court, considering the ongoing High Court proceedings, did not delve into the merits of the case but directed that the consent terms continue to be followed strictly. The judgment further stated: “In case there is any difficulty in implementation of this order, it will be open to the parties to seek appropriate clarification from the High Court.”

Conclusion

The Supreme Court’s decision ensures that the existing custody arrangement remains in place while the matter is pending in the High Court, reinforcing the importance of adherence to agreed-upon terms in custody disputes.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Keshav Arjun Charani vs Indira Keshav Charan Supreme Court of India Judgment Dated 06-01-2017.pdf