Family Court order for father to “apply-each-time” for visitation during visit to India to meet daughter

The appellant – father filed a petition in the Family Court, Ernakulam for permanent custody of his daughter.

The appellant employed overseas on a rotation basis on rotational assignments and returning to India during scheduled breaks.

Family Court applied for interim visitation.   However, the Family Court directed to apply for interim visitation each time on visit to India.

The father approached the Supreme Court for definitive interim arrangement for his visitation schedule with the child.

HELD that the High Court and the Family Court were not justified in compelling the appellant for overnight custody through successive interim applications on every visit to India instead of framing structured interim-access schedule to balance welfare of the minor with the rights and obligations of both the parents.

Judgment dated 15.5.2025 of the Supreme Court in SLP [Civil] No.24419 of 2024 of Eby Cherian  Vs.   Jerema John