Supreme Court Directs Family Court to Decide Child Custody Dispute

The case of Jivana Devi Yogendra Nath Adhar & Anr. v. Vimal Kumar Dayaram Makane & Anr. is a significant ruling concerning child custody, wherein the Supreme Court directed the Family Court to decide the matter. The judgment reinforces the role of Family Courts in handling custody disputes and ensures that interim orders remain in effect until a final resolution is reached.

Background of the Case

The dispute originated when the Judicial Magistrate, First Class, Court No. 2, Nasik, passed an order on December 7, 2010, directing the appellants to hand over the custody of a child to the first respondent, Vimal Kumar Dayaram Makane. Aggrieved by this decision, the appellants challenged the order before the Bombay High Court.

The High Court, in its order dated August 25, 2011, upheld the lower court’s decision, leading the appellants to approach the Supreme Court through a Special Leave Petition (SLP). The Supreme Court, on February 21, 2012, stayed the High Court’s order, keeping the custody issue unresolved.

Key Arguments by the Petitioners (Appellants)

• The appellants argued that they had legal custody of the child and the lower courts had failed to consider key aspects of the child’s welfare.
• They contended that the matter should be decided by the Family Court, not the Magistrate.
• They requested that the existing interim order remain in force until the Family Court delivered its final decision.

Key Arguments by the Respondents

• The respondents claimed that the custody order was lawful and that the appellants were unlawfully withholding the child.
• They maintained that the Judicial Magistrate’s order was valid and should not be interfered with.
• They argued that the prolonged litigation was unjustly delaying the child’s rightful custody.

Supreme Court Judgment

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

• The custody issue was already under consideration by the Family Court.
• The interim stay granted by the Supreme Court on February 21, 2012, would remain in effect until the Family Court passed a final judgment.
• The parties were directed to abide by the final decision of the Family Court.
• The appeal was disposed of with no further directions or cost implications.

Conclusion

This ruling affirms that Family Courts are the appropriate judicial bodies for child custody cases. The Supreme Court ensured that no parallel proceedings would take place and that the Family Court’s decision would be the final authority on the matter.

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