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Supreme Court of India 2025-05-15 partly_allowed

Eby Cherian vs Jerema John

Bench: 2 — Vikram Nath, Sandeep Mehta

In Brief

A father working overseas challenged a Family Court order requiring him to file a fresh application for overnight access to his minor daughter each time he visited India. The High Court dismissed his petition, but the Supreme Court partly allowed his appeal. The Court held that requiring successive applications places undue procedural burden on both parent and child. It framed a detailed interim-access schedule, effective pending final adjudication of the custody petition, allowing the father weekend custody during his stays in India, equal division of vacations, and facilitated video calls while abroad. The schedule balances the child's stability with meaningful parental contact. Logistical disputes may be resolved by the Family Court, but the quantum of access cannot be altered without material changes in circumstances like schooling or employment."

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Family Law Child Custody Interim Orders Parental Rights Article 227 Petition Mediation Non-Custodial Parent Access

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