Published on: December 10, 2023 at 01:18 IST
Court: Supreme Court of India
Citation: Ashish Ranjan V. Anupma Tandon (2010)
Honourable Supreme Court of India has held that Doctrine of Res Judicata is not applicable in matters of child custody. It is held that if the right of visitation given to the applicant under the agreement is consistently and continuously flouted then other parent can make an application for custody of a minor child.
20. In addition to the statutory provisions of the Contempt of Courts Act, 1971 the powers under Articles 129 and 142 of the Constitution are always available to this Court to see that the order or undertaking which is violated by the contemnor is effectuated and the court has all powers to enforce the consent order passed by it and also issue further directions/orders to do complete justice between the parties.
Mutual settlement reached between the parties cannot come in the way of the well-established principles in respect of the custody of the child and, therefore, a subsequent application for custody of a minor cannot be thrown out at the threshold being not maintainable. It is a recurring cause because the right of visitation given to the applicant under the agreement is being consistently and continuously flouted. Thus, the doctrine of res judicata is not applicable in matters of child custody.
Drafted By Abhijit Mishra