The Practical Lawyer
Ashish Ranjan v. Anupma Tandon, (2010) 14 SCC 274
Family and Personal Laws
Child Custody
Consent/Compromise order regarding – Modification/Review of – Maintainability of application seeking – Held, modification/review of such consent order can be sought by a party under subsequent substantially changed circumstances which rendered consent order wholly unworkable – Hence application of petitioner husband herein, seeking modification of such consent order, maintainable, (2010) 14 SCC 274-A
Family and Personal Laws
Child Custody
Supreme Court’s order passed on basis of compromise between parties – Non-compliance – Contempt of court – Punishment for, when not warranted – Supreme Court has power under Arts. 129 and 142 of Constitution as also under Contempt of Courts Act to enforce its order or any undertaking given before it by parties in case of violation thereof and also issue further orders/directions with a view to do complete justice between parties – On facts held, child’s mother and other respondents, who had been given custody of child, deliberately and wilfully frustrated applicant husband’s right to visit and meet child given under terms of consent order of Supreme Court and thereby committed contempt of court – But imposition of punishment on respondents would not serve any useful purpose to welfare of the child – Husband entitled to approach appropriate court/forum for seeking custody of child or any other appropriate relief, (2010) 14 SCC 274-B
Family and Personal Laws
Child Custody
Nature of issue – Question of fact – Res judicata – Applicability – Court’s order passed on basis of terms of compromise between parties – Consistent and continuous violation of terms of consent order gives rise to a recurring cause and therefore, doctrine of res judicata not attracted – Supreme Court’s order regarding custody of child passed on basis of compromise between the parties – Order became wholly unworkable under changed circumstances due to non compliance with terms of compromise by the party having custody of the child – Whether other party entitled to custody of child or any other appropriate relief, held, a pure question of fact which has to be decided by appropriate court/forum taking into consideration all factual and legal aspects – Hence application of petitioner husband herein, seeking modification of such consent order, maintainable, (2010) 14 SCC 274-C
Family and Personal Laws
Child Custody
Paramount consideration should be welfare of child – No statutory provision under any personal law can supersede this consideration – Welfare of child comprehends moral and ethical welfare also apart from physical well-being of the child – Issue requires to be determined in the background of facts and circumstances of each case and therefore, doctrine of stare decisis has no relevance, (2010) 14 SCC 274-D
Constitution of India
Arts. 142 and 129 – Power to do complete justice – Technical objections – Would not prevent Supreme Court from doing complete justice between parties wherever equitable to do so – Niceties of law cannot hinder Supreme Court while deciding an issue of delicate nature, (2010) 14 SCC 274-E
Practice and Procedure
Relief
Legal remedies – A party cannot be rendered remediless, (2010) 14 SCC 274-F
https://www.supremecourtcases.com Eastern Book Company Generated: Thursday, August 19, 2021
The Practical Lawyer
https://www.supremecourtcases.com Eastern Book Company Generated: Thursday, August 19, 2021
