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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8175 OF 2016

(Arising out of SLP (C)No.23006 of 2016)

DAMAYANTI HEMANT MATANI     APPELLANT                                         VERSUS

DR. VIREN BHAGWANDAS ASHER AND ANR.     RESPONDENTS    

J U D G M E N T       KURIAN, J.

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 31st 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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4. In case, any of the parties need any modification in the order,  they  will  have  to  seek  direction  from  this Court.

5. In view of the order as above, we direct the appellant to hand over the custody of the child to the respondent No.1-father on 1st October, 2016.

6. The respondent-father submits that he has no objection if the grandmother of the child stays with the child when the child is under treatment in U.K.

7. The appeal is disposed of in the aforesaid terms.

...................J.      [KURIAN JOSEPH]

     ....................J.

         [SHIVA KIRTI SINGH]   NEW DELHI;

   AUGUST 17, 2016