Supreme Court of India

Dr. Amit Kumar v. Dr. Sonila & Ors.

Neutral citation
Reported as [2018] 13 S.C.R. 561
Bench Kurian Joseph and Sanjay Kishan Kaul JJ.
Decided 26 October 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the learned Single Judge has give n undue importance to the conversation with the children at a time when naturally they would prefer to stay with a parent rather than a boarding school.

Judgment, page 10

From the headnote

Hindu Minority and Guardianship Act, 1956 – s.6 – Guardianship – Custody rights – Appellant and respo ndent no.1 divorced by mutual consent – In terms of the divorce decr ee, custody of the children (son and daughter) was to be with the appellant a nd the appellant was to provide for expenses of the son, while respondent no.1 was to provide likewise for the daughter – App ellant and respondent no.1 were doctors with the CRPF posted in Nanded – At the relevant time, however, appellant was transferr ed to Jammu necessitating admission of the children to boarding school – Respondent No.1 failed

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