The Supreme Court bench of Justice PS Narasimha and Justice AHSANUDDIN AMANULLAH was assembled today on a day of Holi for hearing an urgent case hearing. The bench was assembled at 2:00 pm in Court No.3.

The Special Leave Petition was filed before the Supreme Court assailing an order passed by the Karnataka High Court whereby the custody was directed to be handed over to the father by the mother.

Mother had challenged the order of the high Court before the Supreme Court. Now the bench has directed to list the matter before the appropriate bench on the day of reopening i.e. 13th March in the mentioning list.

The court expressed the reason for urgent listing of the case as "The reason for urgent hearing is the letter of petitioner dated 06.03.2023 addressed to the Registry, indicating that the Family Court had issued a warrant of arrest in the name of petitioner-Dr. Ekta Singh on 03.03.2023 in Ex.C 36 of 2023."

Earlier the Karnataka High Court has passed the order that the custody of the child shall be given to respondent father but with sufficient access to the appellant to visit the minor at frequent intervals.

While giving the custody the High Court also passed other directions in the matter that the custody is to be given after the completion of the child's annual final examination. The child shall remain in the same school and his residence shall be within 5 Kms of the school and frequent visitation rights were given to the mother.

Mother of the child appeared in person.

The court observed that, "We have been informed by the petitioner-in-person that the examinations will be concluded on 13th March, 2023. The said date is disputed by the learned counsel appearing on behalf of the Caveator. If the examination is to conclude on 13th March, 2023, the petitioner-Dr. Ekta Singh will be entitled to have the custody of the minor child till that date."

Case details:-

SLP (C) No. 4869/2023

DR. EKTA SINGH
Versus
DR. RAJEEV GIRI

Read the complete order on this link