Custody and Medical Treatment of Minor Child: Supreme Court Judgment in Damayanti Hemant Matani vs. Dr. Viren Bhagwandas Asher

The case of Damayanti Hemant Matani vs. Dr. Viren Bhagwandas Asher and Another revolves around the custody of a minor child, Darsh, and the medical treatment he requires. The dispute primarily concerned the mother’s objection to the father’s decision to take the child abroad for surgery. The case reached the Supreme Court after the High Court permitted the father to take the child to the United Kingdom for medical treatment, with certain conditions.

Background of the Case

The petitioner, Damayanti Hemant Matani, is the mother of Darsh, a minor child who needed medical treatment in the form of surgery. The child’s father, Dr. Viren Bhagwandas Asher, sought permission to take the child to Nottingham, U.K. for the procedure. However, the mother contested the decision, fearing that the child would not be returned to India after the treatment and that the custody arrangements would be altered permanently.

The High Court had already allowed the father to take the child abroad for the procedure, setting a timeline from August 2016 to November 2016 for the trip. However, the mother appealed to the Supreme Court, requesting a modification of the timeline and additional safeguards regarding the child’s return.

Supreme Court’s Consideration

Upon hearing both parties, the Supreme Court took the following considerations into account:

The necessity of the surgery for the child’s health and well-being.
The existing custody arrangement and concerns raised by the mother regarding the child’s return to India after the surgery.
The academic schedule of the child and the father’s willingness to accommodate the mother’s concerns regarding the timing of the procedure.

Arguments by the Petitioner (Mother)

The petitioner, Damayanti Hemant Matani, presented the following arguments:

The child’s father should not be allowed to take the child abroad for an extended period, fearing that it could disrupt the child’s upbringing and education.
The surgery, while important, should not result in permanent separation from the mother’s custody.
She expressed concerns about the lack of assurance regarding the child’s return after the treatment.

Arguments by the Respondent (Father)

The respondent, Dr. Viren Bhagwandas Asher, countered the petitioner’s arguments with the following:

The surgery was essential for the child’s health and could not be delayed further.
There was no intention to keep the child permanently in the U.K. He assured the Court that the child would be returned to India after the treatment.
The father was willing to accommodate the mother’s concerns, including allowing the child’s grandmother to accompany the child during the treatment in the U.K.

Supreme Court’s Judgment

The Supreme Court, after hearing the submissions of both parties, passed the following orders:

The appeal was disposed of with a modification in the High Court’s original order. The child would be allowed to travel to the U.K. for surgery, but the period of stay was adjusted to between October 2016 and January 2017, rather than the original August-November timeline.
The father was directed to provide an affidavit before the Court confirming that the child would be returned to India after the treatment and placed in the custody of the mother.
The Court clarified that in case any further modifications were required, the parties would have to approach the Court for directions.
The appellant (mother) was instructed to hand over custody of the child to the father on October 1, 2016.
The respondent (father) agreed that the child’s grandmother could accompany the child during the treatment.

Key Observations by the Court

The Court made several key observations, emphasizing the importance of ensuring the well-being of the child:

“The surgery is necessary for the child’s health, and the father has no objection to allowing the mother’s concerns to be addressed regarding the child’s care during the treatment period.”

The Court also emphasized the importance of the child’s return to India, noting:

“Once the treatment is complete, the child will be brought back to India and placed in the custody of the appellant, as per the terms of the memorandum of settlement.”

Impact and Implications of the Judgment

This case has several important implications, particularly in family law regarding custody and international travel for medical treatment:

Parental Rights and Responsibilities: The judgment reiterates the importance of both parents’ rights in decisions concerning the welfare of a minor child, especially in international legal contexts.
Custody Arrangements in International Context: The ruling underscores the importance of ensuring that children are not kept in foreign jurisdictions against the will of one parent without proper legal safeguards.
Mediation and Cooperation: The parties were encouraged to cooperate in the child’s best interests, with the assurance of ongoing oversight by the Court.
Role of the Court in Custody Matters: The Supreme Court demonstrated its role in resolving disputes by modifying the original order to accommodate both parents’ concerns while ensuring the child’s welfare.

Conclusion

The Supreme Court’s decision in Damayanti Hemant Matani vs. Dr. Viren Bhagwandas Asher highlights the Court’s balanced approach in resolving custody disputes, particularly when international elements are involved. By ensuring the child’s welfare through a carefully tailored mediation and a reasonable adjustment of timelines, the Court upheld both the rights of the parents and the child’s best interests. This judgment reaffirms the importance of legal safeguards in cross-border custody and medical decisions for minors.

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Download Judgment: Damayanti Hemant Mat vs Dr. Viren Bhagwandas Supreme Court of India Judgment Dated 17-08-2016-1741878581026.pdf

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