SC Rules Temporary child custody or visitation orders can't be granted in a plea for conjugal rights.

The Supreme Court has ruled that under Section 9 of the Hindu Marriage Act, temporary orders granting child custody or visiting rights cannot be made.

In the current instance, the husband asserted his entitlement to restitution of conjugal rights against his wife under section 9 of the Hindu Marriage Act. An IA was filed in the aforementioned procedure asking to be granted custody of the kid, and it was ex parte heard and decided.

The wife then petitioned the Supreme Court to shift the proceedings to Bengaluru's Family Court.

On the other hand, the husband argued that the current plea is infructuous because the section 9 petition, which the wife is attempting to have transferred, has already been decided.

She was unable to leave the kid in Bengaluru to travel to Puducherry to argue both petitions, therefore it appears that she was denied a fair trial, the Bench of Justices Surya Kant and JK Maheshwari stated at the outset.

The husband should have brought a petition under Section 26 of the Hindu Marriage Act, according to the court, rather than obtaining a decree under Section 9 proceedings.

The court determined that the order awarding the husband temporary custody of the child is unlawful in this situation.

The court overturned the challenged ruling and ordered that the current proceedings be transferred to the Family Court in Bengaluru.

Priyanka vs Santosh kumar