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Uttarakhand Court Upholds Child's Wishes in Custody Battle
2 Nov
Summary
- Uttarakhand High Court rules child to remain in mother's custody
- Child expressed desire to live with mother during counseling sessions
- Court rejects grandfather's claim of "parental alienation syndrome"
In a significant ruling, the Uttarakhand High Court has upheld the decision to keep a minor child in the custody of his mother until he attains majority. The case was brought by the child's grandfather, Gajendra Singh, who had filed a petition seeking custody of his grandson.
However, the High Court has dismissed Singh's appeal, stating that the wishes and mental well-being of the minor child should be considered paramount when deciding on custody and visitation rights. The court noted that during counseling sessions, the child had clearly expressed his desire to live with his mother, Shivani, and was even hesitant to meet his grandfather.
The High Court has rejected Singh's argument that the child was suffering from "parental alienation syndrome," where one parent allegedly influences the child to reject the other parent. The court ruled that forcing the child to meet his grandfather would not be in the child's best interests.
Upholding the decision of the family court in Vikasnagar, Dehradun, the High Court has emphasized that the child's well-being and mental peace are of utmost importance. The court has stated that it would be both morally and practically unjust to grant custody or visitation rights to a child against their wishes.
