Lisa.MonteiroPanaji: In a case in which a foreign national approached the Supreme Court seeking custody of her minor child, the court, after interacting with both parties, suggested that in the best interest of the child, an attempt should be made to resolve the issue through mediation, and has referred the matter to the Supreme Court mediation centre.The court directed the child—who was brought to the court—to immediately be handed over to the mother and remain with her for seven days, and thereafter, be sent to the father for three days and so on according to the arrangement drawn up by the court, till the next date of hearing.The court said that the delivery of the custody of the child to the mother would be subject to the depositing of the mother and child’s passports with the registry.Considering that at present, both parties are temporarily staying in Delhi and also keeping in mind the safety and well-being of the child, the court directed the police stations under whose jurisdictions the parents will be staying to keep a watch and monitor the movements of the child and mother/father without unduly intruding on their privacy.The court also directed the mother not to take the child out of Delhi or out of the country without the permission of the court. “Similarly, the father will also not leave either Delhi or India with the child without leave of this court,” it said.The Supreme Court requested the mother’s embassy to render assistance to the parties for the proper compliance of the order.During the stay of the child with the mother or father, the other parent will have access to the child through telephonic/ video communication, for which both parents have been directed to cooperate.The Supreme Court last month issued notice to the woman’s partner and directed both parents to be present in court and also directed the father to produce the child in court.The mother’s advocate told the court that her partner had taken custody of the child from her and is not allowing her to meet the child. She stated that his location and that of the child is not known to her and alleged he is moving from one place to another.The two got engaged in Europe in 2021 and subsequently, the child was born, following which the father alleged she started exhibiting anxiety and distress in relation to the child and had contended that he was the de-facto primary caregiver to the minor.The Bombay high court recently requested the father to consent to the mother having video conferencing with the child from the mediation centre at Goa in the presence of a child psychologist, who may record observations about the interaction between the two.
