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Supreme Court of India 2016-08-17 partly_allowed

Damayanti Hemant Matani vs Viren Bhagwandas Asher and Anr

Bench: 2 — Kurian

In Brief

The Supreme Court disposed of a custody dispute involving a minor child, Darsh, who required surgical treatment abroad in Nottingham, UK. The High Court had granted permission for the father to take the child for surgery. The Court modified the High Court's order, adjusting the travel period to October 2016 to January 2017 to avoid the academic calendar disruption. The Court required the father and his mother to file an affidavit guaranteeing the child's return to India and restoration of the mother's custody after treatment. The Court also directed the mother to hand over custody to the father from 1st October 2016 for this purpose, allowing the grandmother to accompany the child during treatment.

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Family Law Custody Child Welfare Medical Treatment

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