Supreme Court Modifies Child Custody Arrangement: Welfare of Children Paramount

The Supreme Court of India recently delivered a significant judgment in the case of Arathy Ramachandran vs. Bijjay Raj Menon, modifying the interim custody arrangement for two minor children in a high-profile divorce case. The judgment, dated April 29, 2025, was authored by Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta, emphasizing that the welfare of children must be the paramount consideration in custody disputes.

The case involved a dispute between two highly qualified professionals – the mother working from home in India and the father employed as a General Manager in Singapore. The couple had two children: an 8-year-old daughter and a 3-year-old son. The High Court had earlier granted 15 days of monthly interim custody to the father, which the mother challenged before the Supreme Court.

During the proceedings, the Supreme Court took the unusual step of interacting directly with the 8-year-old daughter ‘in camera’. The child expressed discomfort with the 15-day custody arrangement and revealed that during her stays with the father, she only ate restaurant food and had no company other than her father. The Court observed:

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“The child definitely requires nutritious home cooked food for her overall well-being, growth and development. Unfortunately, the respondent-father is not in a position to provide such nutrition to the child.”

The judgment extensively discussed the principles governing child custody cases, noting that periodic division of custody could be harmful to children’s emotional well-being. The Court particularly emphasized the needs of the 3-year-old son, stating:

“Directing the custody of the tender aged boy to be assigned to the respondent-father, even on an interim basis for a period of 15 days each month, is grossly unjustified and may have serious adverse effects on the emotional and physical well-being of the child.”

The Supreme Court modified the High Court’s order, granting the father visitation rights on alternate weekends for the daughter and supervised visits for the son. The Court also directed the father to provide home-cooked meals during visits and allowed video calls twice a week. Importantly, the judgment stressed that while the father’s rights must be respected, the children’s welfare must remain the primary consideration.

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This judgment serves as an important precedent in child custody cases, particularly those involving non-resident parents. It underscores the courts’ responsibility to look beyond parental rights and focus on creating arrangements that best serve children’s emotional and physical needs.

Petitioner Name: Arathy Ramachandran.
Respondent Name: Bijjay Raj Menon.
Judgment By: Justice Vikram Nath, Justice Sanjay Karol, Justice Sandeep Mehta.
Place Of Incident: Thiruvananthapuram, Kerala.
Judgment Date: 29-04-2025.
Result: allowed.

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