Allow Cookies!
By using our website, you agree to the use of cookies
In this case of DSG Vs. AKG, a Special Leave Petition was filed by the Petitioner – mother to challenge the Interim Order dated 26.03.2019 passed by the Delhi High Court in Matrimonial Appeal (FC) 312/2018 with respect to the custody arrangement of the minor daughter. In this case the father of the minor daughter filed an appeal in the Tis Hazari court of Delhi, to get the guardianship of his daughter as his wife was mentally ill and ill-treated his daughter. The family court after hearing the daughter decided to grant the custody to the father, the mother argued that the father sexually abused the daughter. But the family court found all these claims of mother to be unsubstantiated and the custody of the daughter was given to the father and daughter could stay with her mother just on Saturday and Sunday. The mother of the daughter challenged this decision of the family court in the high court of Delhi. During holidays when daughter went to stay with the mother, mother took her to some another place and even refused the father to return his daughter to him, father filed an appeal for the contempt of court against the mother, family court ordered the mother to return back the daughter and high court dismissed the appeal filed by the mother.
The mother further filed an appeal in the Supreme Court of India challenging the impugned judgement of the Delhi High Court and the family court. After hearing the both the sides and after interacting with the daughter, the Supreme Court held “We hereby affirm the Order dated 03.05.2019 passed by the Family Court granting custody of the minor daughter to the father, and visitation rights to the Petitioner – mother as specified in the Order. The present Order is passed at an intermediate stage of the proceedings, hence the findings recorded hereinabove are prima facie in nature. The Special Leave Petition is disposed of accordingly. Ordered accordingly. Pending applications, if any, shall stand disposed of.”
86540
103860
630
114
59824