Research › Browse › Judgment

Supreme Court of India · body

2024 DIGILAW 592 (SC)

Supriya Nair v. Union Of India

2024-06-10

P.B.VARALE, PRASHANT KUMAR MISHRA

body2024
ORDER : IA No. 117923 of 2024 1. In this interim application, the respondent No. 2 (father) has prayed for visitation rights to his minor daughter Ananya Ziva Menon, who is presently staying with her mother (petitioner – Supriya Nair). 2. Under the impugned order, the High Court has allowed the Writ of Habeas Corpus preferred by respondent No. 2 (father), seeking repatriation of his minor daughter, who is an American Citizen, to the United States of America. 3. While granting leave in the matter on 23.04.2024, this Court confirmed the earlier interim order dated 19.01.2024 staying the operation of the impugned order. However, at the same time, liberty was reserved in favour of the respondent No. 2 (father) to move application for visitation rights, as and when he visits India. According to the respondent No. 2, he is visiting India from 14.06.2024 to 30.06.2024, during which time he desires to spend some time with his daughter, who is presently aged 5½ years. 4. The learned senior counsel appearing for the petitioner (mother) is opposing the prayer by highlighting the previous conduct of the respondent No. 2. Learned counsel for the respondent No. 2 would also highlight the conduct of the petitioner. However, since the prayer is only for seeking visitation rights, we are not entering into the controversy vis-a-vis the conduct of the parties in their inter se dispute which has nothing to do with the love and affection of a parent for the minor daughter. 5. On due consideration, we allow IA No. 117923 of 2024 i.e., allowing visitation rights in favour of the respondent No. 2 (father) to meet his daughter at Kohinoor Continental Hotel, Mumbai, which is located near the petitioner’s -Supriya Nair’s house, on weekends falling on 15.06.2024 and 16.06.2024; 22.06.2024 and 23.06.2024 and thereafter on 29.06.2024 and 30.06.2024. Learned counsel for the respondent No. 2 (father) undertakes that during the period of visitation rights, he will surrender his Passport with the Registrar of the Bombay High Court and shall not harm or take the child out of Mumbai. In addition to above, the respondent No. 2 (father) shall also arrange accommodation for the petitioner (wife) at Kohinoor Continental Hotel, Mumbai for the aforesaid period of visitation rights.