DAMAYANTI HEMANT MATANI Vs. VIREN BHAGWANDAS ASHER
LAWS(SC)-2016-8-63
SUPREME COURT OF INDIA
Decided on August 17,2016

Damayanti Hemant Matani Appellant
VERSUS
Viren Bhagwandas Asher Respondents

JUDGEMENT

KURIAN,J. - (1.) Leave granted.
(2.) The essential issue pertains to the treatment/surgery of the minor child 'Darsh'. The High Court has permitted the Respondent No.1 -father to take the child from India to Nottingham, U.K. for a surgical procedure required for the child. The period of four months from August, 2016 to end of November, 2016 is the academic schedule, we are of the view and for which the respondent -father, who is present before us, has no objection that it will be more appropriate and in the better interest of the child to have a schedule for a period between first week of October, 2016 and 31 st January, 2017. Therefore, the impugned judgment of the High Court will stand modified to the extent for the period from first week of October, 2016 to 31st January, 2017.
(3.) Additionally, we direct the respondent No.1 and his mother Dr. Niranjana Asher to file a separate affidavit before this Court, before the child is taken to the effect that on completion of the treatment, the child will be brought back to India and put in the custody of the appellant.;


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