Supreme Court Half Yearly Digest 2025: Family Law

Child Custody - Best Interests of the Child - Mental Capacity - Expert Opinion - When there is uncertainty about the child's ability to make independent decisions, expert opinions confirming a disability should be prioritized over inferences drawn from direct interactions with the child. The Court emphasized the importance of relying on expert medical assessments to determine the capacity of individuals with disabilities to make independent decisions. When a specialist's expert opinion confirms a child's inability to make independent decisions, custody decisions should not be based on the child's implied or express consent, as it could have significant consequences for the child. (Para 22) Sharmila Velamur v. V. Sanjay, 2025 LiveLaw (SC) 277 : 2025 INSC 299Child Custody - Cognitive Capacity - Courts should give due credence to expert opinions on a person's mental capacity, especially when dealing with individuals with cognitive limitations. In child custody matters, the best interests and welfare of the child are paramount, even when considering the wishes of a child with limited capacity. The totality of circumstances must be considered when determining the best interests of the child, including their education, support system, emotional well-being, and familial relationships. (Para 32) Sharmila Velamur v. V. Sanjay, 2025 LiveLaw (SC) 277 : 2025 INSC 299Child Custody - Foreign Orders - Principle of comity of courts and a pre-existing order of a Foreign Court must yield to the best interests of the child, especially when the Court has decided to conduct an elaborate enquiry in this regard. Such cases must be decided on the sole and predominant criterion of 'what would serve the interests and welfare' of the minor. The preexisting order of a Foreign Court is merely one of the circumstances to consider when assessing the best interests and welfare of the person concerned. This doctrine was evolved to protect children who may, unwittingly, become collateral damage in their parents' legal disputes. It has gained significance over the past several years, owing to the frequency and ease of migration. (Para 31) Sharmila Velamur v. V. Sanjay, 2025 LiveLaw (SC) 277 : 2025 INSC 299Child Custody - International Parental Child Abduction - The Appellant (mother) and Respondent No. 4 (father) are US citizens, divorced in the US. Their elder son has mild intellectual developmental disorder and cerebral palsy, resulting in significant cognitive limitations. After the divorce, the father brought the child to India. The mother filed a petition in the High Court alleging illegal detention. The High Court, after a brief interaction with the child, ruled that he was consensually living with his father in India. The Supreme Court, doubting the child's capacity to make independent decisions, ordered a medical assessment at NIMHANS, Bengaluru. The assessment concluded that the child's cognitive abilities were equivalent to an 8–10-year-old, and he lacked the capacity to make complex decisions. Whether the child has the capacity to make independent decisions regarding his place of residence. What course of action would best serve the child's interests and welfare. Held, the Supreme Court relied on the expert opinions from NIMHANS and a previous evaluation by the Idaho Department of Health and Welfare, concluding that the child does not possess the capacity to make independent, informed decisions on complex matters like long-term residence. The High Court erred in relying solely 2 on a brief interaction with the child. Applying the doctrine of parens patriae, the Supreme Court determined that the child's best interests lie in returning to the US. This decision considered the child's established life, education, support system, and close relationship with his younger brother, who also has special needs, in the US. The Supreme Court allowed the appeal, set aside the High Court judgment, and ordered the repatriation of the child to the US under the sole custody of the mother. The father was directed not to impede their return and to maintain contact with his sons. The US Consulate General, Chennai was directed to return the child's passport and facilitate his return. (Para 41) Sharmila Velamur v. V. Sanjay, 2025 LiveLaw (SC) 277 : 2025 INSC 299Code of Criminal Procedure, 1973; Section 125 (4) - Interpretation of - Whether a husband, who secures a decree for restitution of conjugal rights, is absolved of paying maintenance to his wife under Section 125(4) of the Code of Criminal Procedure, 1973, if the wife refuses to comply with the decree and return to the matrimonial home? Held, a wife's refusal to comply with a decree for restitution of conjugal rights does not automatically disqualify her from claiming maintenance under Section 125 Cr.P.C. The refusal must be assessed in light of the facts and circumstances of each case, including whether the wife had justifiable reasons for not returning to the matrimonial home. The Supreme Court...

Supreme Court Half Yearly Digest 2025: Family Law

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