Custody

Custody of minor children – Parental Alienation Syndrome (PAS) – It is challenged that the Minor Children have been influenced against the Respondent and the preference indicated by the Minor Children ought not to be considered representative of their true emotions. Held, courts ought not to prematurely and without identification of individual instances of 'alienating behaviour', label any parent as propagator and / or potential promoter of such behaviour. The aforesaid label has far-reaching implications which must not be imputed or attributed to an individual parent routinely. Further held, the Minor Children could not be said to have exhibited any indication of 'parental alienation' i.e., there was no overt preference expressed by the Minor Children between the parents and thus, the foundation for any claim of parental alienation was clearly absent. The High Court proceeded on an unsubstantiated assumption of parental alienation and was not justified in interfering with the order granting custody of the Minor Children to the Appellant. (Para 17, 22, 23, 24 & 26) Col. Ramneesh Pal Singhv v. Sugandhi Aggarwal, 2024 LiveLaw (SC) 356

Custody of minor children – Decided on the basis of – (i) The socioeconomic and educational opportunities which may be made available to the Minor Children; (ii) healthcare and overall wellbeing of the children; (iii) the ability to provide physical surroundings conducive to growing adolescents; (iv) the preference of the Minor Children as mandated under Section 17(3) of the Act and also (v) the stability of surrounding(s) of the Minor Children. (Para 12) Col. Ramneesh Pal Singhv v. Sugandhi Aggarwal, 2024 LiveLaw (SC) 356

Custody of minor children – Welfare – The Court must construe the term 'welfare' in its widest sense i.e., the consideration by the Court would not only extend to moral and ethical welfare but also include the physical well-being of the minor children. (Para 11) Col. Ramneesh Pal Singhv v. Sugandhi Aggarwal, 2024 LiveLaw (SC) 356

Natural guardian's right to custody of a child is not lost just because temporary custody was given to a relative. Gautam Kumar Das v. NCT of Delhi, 2024 LiveLaw (SC) 586

'Parties' rights can't override child's welfare' : Supreme Court set aside High Court order giving father toddler's custody from maternal relatives. Somprabha Rana v. State of Madhya Pradesh, 2024 LiveLaw (SC) 666

Visitation rights of parent – Health and well-being of a child cannot be compromised while deciding the disputes between the parents. “The interest of the minor child is paramount. In the process of adjudicating upon the rights of the parents, her health cannot be compromised.” Sugirtha v. Gowtham, SLP (C) No. 18240 of 2024, 2024 LiveLaw (SC) 1042