Child Custody Dispute: Supreme Court Upholds Family Court Jurisdiction

The case of Jivana Devi Yogendra Nath Adhar & Anr. v. Vimal Kumar Dayaram Makane (Roy) & Anr. revolves around a child custody battle that reached the Supreme Court after orders from the Judicial Magistrate and the Bombay High Court. The Supreme Court, in its ruling, upheld the jurisdiction of the Family Court and directed the parties to abide by its final decision.

Background of the Case

The appellants, Jivana Devi and another, had approached the Bombay High Court challenging an order issued by the Judicial Magistrate, First Class, Court No. 2, Nasik, on December 7, 2010. The order directed them to hand over the custody of a child to the first respondent, Vimal Kumar Dayaram Makane.

Aggrieved by the High Court’s order dated August 25, 2011, which upheld the lower court’s decision, the appellants filed a Special Leave Petition (SLP) before the Supreme Court in 2012. The Supreme Court stayed the High Court’s order on February 21, 2012, keeping the custody issue pending.

Key Arguments by the Petitioners (Appellants)

• The appellants contended that they had legal and rightful custody of the child.
• They argued that the Judicial Magistrate and the High Court failed to consider key factors regarding the welfare of the child.
• The appellants emphasized that the custody issue should be decided by the Family Court, not the Magistrate.

Key Arguments by the Respondents

• The respondents argued that the child rightfully belonged in their custody as per legal provisions.
• They maintained that the Judicial Magistrate’s order was in accordance with law and was rightly upheld by the High Court.
• They opposed the appellants’ attempt to delay the custody transfer through prolonged litigation.

Supreme Court Judgment

A bench comprising Justices Kurian Joseph and Shiva Kirti Singh ruled that:

• The issue of custody was already pending before the Family Court.
• The interim stay granted by the Supreme Court on February 21, 2012, would remain in effect until the Family Court delivered its final judgment.
• The parties were directed to comply with the final decision of the Family Court, subject to its finality.
• The appeal was disposed of with no further directions or cost implications.

Conclusion

This judgment reinforces the principle that child custody matters should be adjudicated by Family Courts, ensuring a fair and comprehensive assessment of the child’s best interests. The Supreme Court’s ruling also prevents parallel proceedings in different forums, directing all parties to await the final decision from the designated judicial authority.

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Download Judgment: Jivana Devi Yogendra vs Vimal Kumar Dayaram Supreme Court of India Judgment Dated 27-01-2016.pdf