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april 2010

Supreme Court of India · 2010-04-20

Vishnu & Ors vs Jaya

Citation / case number
AIR 2010 SUPREME COURT 2092
Court
Supreme Court of India
Petitioner
Vishnu & Ors
Respondent
Jaya
Bench
T.S. Thakur, Aftab Alam

Judgment text excerpt

The Supreme Court reversed the High Court's order regarding the custody of two children, emphasizing the need for gradual re-establishment of the mother's relationship with them. The Court noted that both children expressed a clear preference to remain with their father, who had been their primary caregiver for seven years. The decision was based on the principle that forcibly changing custody could traumatize the children, thus prioritizing their emotional well-being over immediate custody transfer. The Court directed that the mother should initially be granted visitation rights to foster her relationship with the children.

Vishnu & Ors vs Jaya · Niyam