Case Note & Summary
This matter arises from Miscellaneous Applications filed in a child custody appeal. The Supreme Court had earlier passed a judgment on 28.10.2020 in Civil Appeal No. 3559 of 2020, directing that the custody of the minor child Aditya Vikram Kansagra be handed over by the mother Smriti Madan Kansagra to the father Perry Kansagra, subject to several conditions including the father obtaining a mirror order from a Kenyan court, depositing INR 1 Crore, and providing visitation rights to the mother. The father subsequently obtained a mirror order from the High Court of Kenya at Nairobi on 09.11.2020. The mother then filed Miscellaneous Application No. 2140 of 2020 seeking modification of the directions, particularly regarding visitation, communication, and other welfare aspects. The Court considered the mother's submissions, which were crystallized into five segments covering protections from earlier orders, schooling, emotional connection, health, and miscellaneous directions. The Court noted that the father had accepted certain suggestions, such as allowing free exchange of emails and letters. Regarding video calls, the Court found that its earlier direction of one hour on weekends was sufficient and did not require modification. The Court also noted that the father had filed an undertaking to comply with the directions. The Court disposed of the applications with observations that the existing directions were adequate and no further modification was necessary, except where the father had agreed. The Court emphasized the best interest of the child and directed both parties to comply with the earlier directions.
Headnote
A) Family Law - Child Custody - Modification of Custody Directions - Best Interest of the Child - The Supreme Court considered the mother's application seeking modification of custody directions to include additional visitation and communication rights. The Court held that the existing directions were adequate and did not require modification except for certain aspects where the respondent father agreed. (Paras 7-9) B) Family Law - Visitation Rights - Video Conferencing - The Court upheld its earlier direction granting one hour of video conferencing on weekends, noting that it was sufficiently long and comprehensive, and the child could speak to the mother as and when desired. (Para 7) C) Family Law - Mirror Order - Compliance - The Court noted that the father had obtained a mirror order from the High Court of Kenya and filed an undertaking, and directed the mother to cooperate in the child's travel to Kenya. (Paras 4-6)
Issue of Consideration
Whether the directions issued by the Supreme Court in the judgment dated 28.10.2020 regarding custody and visitation rights of the child should be modified to include additional protections and enhanced visitation for the mother.
Final Decision
The Court disposed of the applications, noting that the existing directions were adequate and did not require modification except where the father had agreed. The Court directed the mother to cooperate in the child's travel to Kenya and reiterated compliance with earlier directions.
Law Points
- Child custody
- Mirror order
- Visitation rights
- Best interest of the child
- Modification of court directions
