Keywords: – Family Court, Delhi Court, Child Custody, Matrimonial Dispute.
In a custody dispute between a separated couple, a Delhi Court made an observation that the custodial parent must not exploit the child as a means to an end. Family Court Judge Anil Kumar, after engaging with the child, initially noticed that the child appeared to be influenced by the mother.
“I have interacted with the child. It is stated by the child that he doesn’t want to meet his father because he didn’t answer his calls earlier. Apart from this, there is no other complaint or allegations against the father,” stated the order.
As per the father’s account, the family court had previously granted him visitation privileges with his child within the court premises. Nevertheless, there were allegations that the mother was not adhering to the court’s instructions. The father contended that his wife was persistently coaching and influencing the child to harbor negative feelings towards him, aiming to foster a hostile and antagonistic attitude.
Taking into account the father’s arguments, the court emphasized the child’s entitlement to receive love and affection from both parents.
“In these circumstances, when there is a clear refusal of the respondent to allow the child to meet with the father, there is no other option except to grant the child’s custody to the petitioner for a few days,” it said.
Consequently, the court granted custody of the child to the father for a duration of two days, explicitly stating that the involvement of the police may be necessary if the directive is not followed.
The father’s request for custody originated from a contempt petition he filed. Simultaneously, he is facing a domestic violence case filed by his estranged wife. In December 2022, the court had granted the wife a monthly sum from the husband as temporary relief during the proceedings.
Advocates Shone Kapoor and Abhimanyu Kumar represented the father.
Advocate LS Gautam appeared for the mother.
Written by- Mubashara Fatima, College name- Unity PG and Law College, Semester- 6th, intern under Legal Vidhiya
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