Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8175 OF 2016
(Arising out of SLP (C)No.23006 of 2016)
DAMAYANTI HEMANT MATANI APPELLANT
VERSUS
DR. VIREN BHAGWANDAS ASHER AND ANR. RESPONDENTS
J U D G M E N T
KURIAN, J.
Leave granted.
2. The essential issue pertains to the treatment/surgery
of the minor child `Darsh'. The High Court has permitted
the Respondent No.1-father to take the child from India to
Nottingham, U.K. for a surgical procedure required for the
child. The period of four months from August, 2016 to end
of November, 2016 is the academic schedule, we are of the
view and for which the respondent-father, who is present
before us, has no objection that it will be more appropriate
JUDGMENT
and in the better interest of the child to have a schedule
st
for a period between first week of October, 2016 and 31
January, 2017. Therefore, the impugned judgment of the High
Court will stand modified to the extent for the period from
st
first week of October, 2016 to 31 January, 2017.
3. Additionally, we direct the respondent No.1 and his
mother Dr. Niranjana Asher to file a separate affidavit
before this Court, before the child is taken to the effect
that on completion of the treatment, the child will be
brought back to India and put in the custody of the
appellant.
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4. In case, any of the parties need any modification in
the order, they will have to seek direction from this
Court.
5. In view of the order as above, we direct the appellant
to hand over the custody of the child to the respondent
st
No.1-father on 1 October, 2016.
6. The respondent-father submits that he has no objection
if the grandmother of the child stays with the child when
the child is under treatment in U.K.
7. The appeal is disposed of in the aforesaid terms.
...................J.
[KURIAN JOSEPH]
....................J.
[SHIVA KIRTI SINGH]
NEW DELHI;
AUGUST 17, 2016
JUDGMENT
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