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january 2004

Supreme Court of India · 2004-01-29

Kumar V. Jahgirdar vs Chethana Ramatheertha

Citation / case number
AIR 2004 SUPREME COURT 1525
Court
Supreme Court of India
Petitioner
Kumar V. Jahgirdar
Respondent
Chethana Ramatheertha
Bench
Shivaraj V. Patil, D.M. Dharmadhikari

Judgment text excerpt

The Supreme Court addressed the custody dispute between a divorced couple under the Hindu Marriage Act, 1955, specifically considering the best interests of the child, Aaruni. The Family Court initially granted custody to the father, citing the mother's remarriage to a cricketer and her lifestyle as detrimental to the child's relationship with her father. However, the High Court reversed this decision, emphasizing that the mother should not be deprived of custody without compelling reasons. The Supreme Court upheld the High Court's ruling, affirming the mother's exclusive custody with visitation rights for the father, thereby prioritizing the child's welfare.

Kumar V. Jahgirdar vs Chethana Ramatheertha · Niyam