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Court Awards Custody to Mother Amid Abuse Claims
6 Dec
Summary
- Children expressed fear and distress with their father and grandparents.
- Madras High Court prioritized children's wishes over parental disputes.
- Mother granted sole custody; father ordered to cover all child expenses.
The Madras High Court has awarded full custody of 11-year-old twin boys to their mother, overriding a previous shared custody arrangement. This significant decision came after the children expressed profound fear and emotional distress concerning their father and paternal grandparents. The court's bench directly engaged with the twins, whose testimonies were corroborated by a family court counselor's report.
The judges observed that the children boldly articulated their unwillingness to stay with their father. They noted that forcing further contact could inflict additional psychological harm. The court underscored that custody decisions must strictly adhere to the doctrine of the best interest of the child, asserting that minors should not be treated as mere pawns in parental conflicts.
Consequently, the mother received sole custody of the children. The father retains the liberty to seek limited visitation rights. He has also been mandated to bear the complete educational and essential expenses for the twins, with a clear warning that any non-compliance could lead to further legal action initiated by the mother.
