The case brief summarizes a custody case between Shiwani Kabra and Shaleen Kabra regarding their two sons aged 15 and 9. The parents had been living separately since 2007 and were involved in divorce and custody proceedings. The key issue was whether custody of the two brothers should be given to different parents. The Supreme Court ruled it was not in the brothers' best interest to separate them. It awarded custody of both children to the father but granted visitation rights to the mother, prioritizing the welfare and close relationship of the brothers in its decision.
The case brief summarizes a custody case between Shiwani Kabra and Shaleen Kabra regarding their two sons aged 15 and 9. The parents had been living separately since 2007 and were involved in divorce and custody proceedings. The key issue was whether custody of the two brothers should be given to different parents. The Supreme Court ruled it was not in the brothers' best interest to separate them. It awarded custody of both children to the father but granted visitation rights to the mother, prioritizing the welfare and close relationship of the brothers in its decision.
The case brief summarizes a custody case between Shiwani Kabra and Shaleen Kabra regarding their two sons aged 15 and 9. The parents had been living separately since 2007 and were involved in divorce and custody proceedings. The key issue was whether custody of the two brothers should be given to different parents. The Supreme Court ruled it was not in the brothers' best interest to separate them. It awarded custody of both children to the father but granted visitation rights to the mother, prioritizing the welfare and close relationship of the brothers in its decision.
The case brief summarizes a custody case between Shiwani Kabra and Shaleen Kabra regarding their two sons aged 15 and 9. The parents had been living separately since 2007 and were involved in divorce and custody proceedings. The key issue was whether custody of the two brothers should be given to different parents. The Supreme Court ruled it was not in the brothers' best interest to separate them. It awarded custody of both children to the father but granted visitation rights to the mother, prioritizing the welfare and close relationship of the brothers in its decision.
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CASE BRIEF
CASE NAME AND CASE LAW:
Shiwani Kabra vs Shaleen Kabra(Civil Appeal No. 1018/2010); (Guardians and Wards Act, 1890, the Hindu Minority and Section 13, Guardianship Act, 1956) FACTS: The marriage of the appellant and the respondent was solemnized on 14.02.1994. From the wedlock, two sons were born, who are approximately 15 and 9 years old. The appellant and the respondent have been living separately since 10.04.2007, and have been involved in various litigations since then, including a petition for divorce under Section 13(1) (i) & 1A of the Hindu Marriage Act, 1955 filed by the appellant. The appellant had sought certain modifications in the arrangement of custody of the children.
ISSUE: Whether the custody of two children should be given to different parent?
JUDGEMENT: The Hon’ble Supreme Court on May 14, 2018, by a single- judge bench of Justice G.S. Sistani held it was not proper to separate the brothers. Since the brothers were close to each other, the court decided that custody of both will be given to the father and visitation rights were given to the mother. While coming to the above conclusion, it of the contention that while deciding the issue about custody of children the paramount consideration is that of welfare of the child.
