By Niyati Dhiman

In a recent decision, the Supreme Court emphasized that a child’s health and well-being must not be compromised while resolving disputes between parents. The case involved a Special Leave Petition (SLP) challenging the Madras High Court’s order, which upheld the interim visitation rights granted to a father but modified the location for these visits.

The parents, married in 2021, had a daughter in June 2022, and in June 2023, the mother filed for divorce under the Hindu Marriage Act, 1955. The father sought visitation rights during the pending divorce proceedings, which the Family Court granted, directing that the mother take the child to Karur, Tamil Nadu, every Sunday for visitation at a temple. The mother, now residing in Madurai, argued that the 300 km round trip would adversely affect the child’s health and cited threats to her safety as further grounds to challenge the visitation order. The High Court dismissed the mother’s appeal, noting that the father, as a natural guardian, was entitled to custody and visitation rights. Despite unsuccessful attempts at reconciliation, the High Court modified the visitation schedule, extending the father’s access hours and planning for alternating weekends after two months.

The Supreme Court, however, found the visitation arrangement at Karur unsuitable due to the child’s tender age and health concerns. It observed that while the father’s visitation rights should be upheld, they should not come at the expense of the child’s well-being. The Court thus directed that visitations occur in Madurai, where the child and mother reside, every Sunday from 10:00 am to 2:00 pm, with the mother present during these meetings. 

Case Title: Sugirtha v. Gowtham

Citation: 2024 INSC 1036

Click Here to read/download the judgement