Contempt Petition (C) No. 9 / 2025 (In Special Leave Petition (Crl.) No. 17281 / 2024)
In the event there is any confusion or doubt regarding a person’s capacity and ability to make independent decisions and if there is a definitive opinion on disability endorsed by a specialist, domain expert, or a doctor, the Court should give due credence to that opinion.
The Supreme Court of India delivered a judgment in a case involving a custody dispute over Aadith Ramadorai, a 22-year-old US citizen with Ataxic Cerebral Palsy, between his parents, Sharmila Velamur (Appellant/mother) and V. Sanjay (Respondent/father).
Key Points:
1. The parents, both US citizens, had joint custody of Aadith and his brother as per a 2007 Idaho Court order.
2. Aadith’s father brought him to India without the mother’s knowledge or consent.
3. The Idaho Court appointed the mother as Aadith’s temporary and later permanent guardian.
4. The High Court of Judicature at Madras dismissed the mother’s habeas corpus petition, finding no illegal detention.
5. The Supreme Court allowed the mother’s appeal and directed Aadith to reside with his mother and brother in Bengaluru.
6. The Court ordered a medical assessment at NIMHANS, Bengaluru, to determine Aadith’s capacity for independent decision-making.
Medical Assessment Findings:
1. Aadith has moderate to mild intellectual disability.
2. He requires support for major life decisions.
3. He can perform basic daily activities but struggles with complex tasks.
Court’s Directions:
1. Aadith to reside with his mother and brother.
2. Father allowed to visit and interact with Aadith for 3 hours daily.
3. Parents to ensure Aadith receives regular medical treatment.
The judgment prioritizes Aadith’s well-being and care, considering his special needs and capacity for decision-making.
