Supreme Court of India · 2012-03-12
Rashmi Ajay Kr.Kesharwani vs Ajay Kr.Kesharwani And Ors
- Court
- Supreme Court of India
- Petitioner
- Rashmi Ajay Kr.Kesharwani
- Respondent
- Ajay Kr.Kesharwani And Ors
- Bench
- Sudhansu Jyoti Mukhopadhaya, G.S. Singhvi
Judgment text excerpt
The Supreme Court addressed the issue of custody and welfare of a minor child in the context of a marital dispute, emphasizing the importance of the child's best interests as per Section 13(1)(a) of the Hindu Marriage Act, 1955 and Section 498A IPC. The Court held that the non-bailable warrant issued against the appellant for her presence and the production of the child was inappropriate given the circumstances of domestic violence and the ongoing legal proceedings regarding maintenance and custody. The appeal was allowed, and the order of the High Court was set aside, ensuring the protection of the appellant and her child.