ARATHY RAMACHANDRAN versus BIJAY RAJ MENON

Citation: [2025] 4 S.C.R. 2063 · Decided: 29-04-2025 · Supreme Court of India · Bench: VIKRAM NATH · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2025] 4 S.C.R. 2063 : 2025 INSC 587
Arathy Ramachandran 
v. 
Bijay Raj Menon
(Civil Appeal No. 5680 of 2025)
29 April 2025
[Vikram Nath, Sanjay Karol and Sandeep Mehta,* JJ.]
Issue for Consideration
Issue arose as regards sustainability of the order passed by the 
High Court granting 15 days interim custody of the minor children 
to the father.
Headnotes†
Guardians and Wards Act, 1890 – Custody of children – 15 
days interim custody to the father – Grant of – Appellant-
mother sought permanent custody of children, one son and 
one daughter – Family court restrained respondent-father 
from forcibly removing the minor children from the custody 
of the mother – Family court granted visitation rights to the 
father – On petition of the father, High Court granted interim 
custody of the children to the father for 15 days – SLP 
by mother raising concerns regarding environment being 
provided to the daughter during the interim custody period of 
15 days granted to the father – During pendency, this Court 
stayed the operation of interim custody granted to father in 
respect of minor son, and the interim custody of the daughter 
continued – Sustainability:
Held: Order passed by the High Court not sustainable – In cases 
of child custody, the paramount consideration should be the welfare 
of the child – Utmost sincerity, love and affection showered by 
either of the parents, by itself, cannot be a ground to decide the 
custody of a child – On facts, interim arrangement charted out by 
High Court, neither feasible nor conducive to the well-being, mental 
and physical, of the children – Directing the interim custody of the 
tender aged boy of three years to be assigned to the father, grossly 
unjustified, may have serious adverse effects, and is totally uncalled 
for – As regards the daughter, the intervening circumstances and 
the information provided by the child during interaction fortifies the 
* Author
2064
[2025] 4 S.C.R.
Supreme Court Reports
genuine concern of the mother that the environment being provided 
to the child by the father during the interim custody may not be 
conducive to her physical and emotional well-being – Child definitely 
requires nutritious home cooked food for overall well-being, growth 
and development and the father not in a position to provide such 
nutrition to the child – Also the child gets no company except that 
of the father during the interim custody period whereas the parents 
of the mother are staying with her – Emotional and moral support 
which the child gets at her mother’s home is manifold than what 
is being provided by the father during custody period – Period 
of 15 days with the father would also lead to deprivation of her 
company to her sibling – High Court clearly erred in granting interim 
custody of the children to the father for a period of 15 days every 
month – Arrangement made by the High Court not arrived at by 
weighing the pros and cons of the situation – Periodic division of 
custody definitely adverse to the well-being; physical, mental and 
emotional, of the children – To provide the father fair and reasonable 
access to the children, the father entitled to interim custody of the 
daughter on alternate Saturdays and Sundays of every month, and 
on either of these two days, interim custody of the boy child for 
a period of four hours – Father to make sincere efforts to provide 
home cooked meals to the children during this period of interim 
custody – Impugned order set aside. [Paras 19-29, 32]
List of Acts
Guardians and Wards Act, 1890; Constitution of India.
List of Keywords
Child custody; Permanent custody; Interim custody of the minor 
children; Visitation rights; Welfare of child; Emotional and physical 
well-being of child; Adverse effects on emotional and physical well-
being of child; Periodic division of custody; Forced separation from 
mother; Intervening circumstances; Nutritious home cooked food; 
Emotional and moral support; Health hazard; Mental trauma to 
children; Family bonding; Child counsellor; Utmost sincerity, love 
and affection showered by the parents; 15 days’ interim custody.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5680 of 2025
From the Judgment and Order dated 11.12.2024 of the High Court 
of Kerala at Ernakulam in OPFC No. 682 of 2024
[2025] 4 S.C.R. 
2065
Arathy Ramachandran v. Bijay Raj Menon
Appearances for Parties
Advs. for the Appellant:
Ms. Haripriya Padmanabhan, Sr. Adv., Santosh Krishnan,  
Ms. Sonam A

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