DAMAYANTI HEMANT MATANI Vs. DR. VIREN BHAGWANDAS ASHER AND ANR.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 8175 of 2016, Judgment Date: Aug 17, 2016

                                                              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 and in the better interest of the child  to
have a schedule for a period between first week of October, 2016   and  31st
January, 2017.  Therefore, the impugned judgment  of  the  High  Court  will
stand modified to the extent for the period  from  first  week  of  October,
2016 to 31st 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.
                                    - 2 -

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 No.1-father on 1st  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