Supreme Court of India · 2018-10-26
Dr. Amit Kumar vs Dr. Sonila
- Citation / case number
- AIR 2018 SUPREME COURT 5312
- Court
- Supreme Court of India
- Petitioner
- Dr. Amit Kumar
- Respondent
- Dr. Sonila
- Author
- Sanjay Kishan Kaul
- Bench
- Chief Justice, Sanjay Kishan Kaul, K.M. Joseph
Judgment text excerpt
The Supreme Court addressed the custody dispute arising from a mutual divorce under Section 13B of the Hindu Marriage Act, 1955. The Court held that the terms of the consent decree, including custody arrangements, are binding unless modified by mutual consent or through a competent court. The Court emphasized that unilateral actions by either party regarding custody or financial obligations must be substantiated, and the appellant's transfer does not negate the agreed terms. The appeal was dismissed, affirming the lower court's decision on custody matters.