Supreme Court bench comprising of Justice Dr. D Y Chandrachud, Justice Indu Malhotra and Justice Indira Banerjee in the case of Mrs. Ritika Sharan v. Mr. Sujoy Ghosh, while deciding the Jurisdiction of the Hindu Marriage Dispute and the Guardianship held that the Jurisdiction of the Supreme Court under Article 142 of the Constitution is a to ease up the Constitutional Instrument to advance Justice and further said that “the welfare of the child is of paramount importance”.
The appellant filed a case in 2017 in Family Court seeking to get the passport of the child on the ground that she was relocating out of India for short period. The respondent opposed the grant of relief filed by appellant and also filed an interim application, seeking an injunction against the appellant from taking the child out of Bengaluru. Thereby the Family Court dismissed application for child’s passport and the respondent’s application for restricting to take the child out of Bengaluru and said that if she would move out of Bengaluru it would lose its jurisdiction.
The appellant then filed writs in High Court against order of Family Court. Thereby a single bench of high court dismissed the writ and challenging Family Court order and restrained her from taking the child.
Supreme Court in the case analyzed that: – “The Court has been apprised of the fact that the employers of the appellant have informed her that they would facilitate the documentation for travel and relocation of the child with the appellant in Singapore.”
“In matters such as the present, the welfare of the minor child is of paramount concern. The jurisdiction of this Court under Article 142 of the Constitution is a facilitative constitutional instrument to advance substantive justice. In exercise of these powers, we are of the view that the arrangement which has been arrived at during the pendency of the proceedings should be modified so as to best subserve the interests of the child.”
The Court set aside the impugned judgment of High Court and gave various guidelines to govern the guardianship proceedings and disposed the further appeals.
Read judgment:-
https://main.sci.gov.in/supremecourt/2019/29935/29935_2019_36_1501_24508_Judgement_28-Oct-2020.pdf
