Child's Wishes Paramount in Custody Disputes: Uttarakhand High Court Upholds Mother's Rights

The Uttarakhand High Court has delivered a significant ruling stating that a minor child's wishes and psychological welfare must be given primary consideration in custody and visitation rights cases.

Nainital:

In a landmark decision, the Uttarakhand High Court emphasized that the wishes and mental well-being of a minor child should be considered paramount when determining custody arrangements.

A division bench comprising Justice Ravindra Maithani and Justice Alok Mahara rejected an appeal from Gajendra Singh, the grandfather seeking custody of his grandson, and affirmed that the child would continue to remain under the care of his mother, Shivani.

Gajendra Singh had initially filed a petition requesting custody of his grandson. After the Vikasnagar family court in Dehradun dismissed his petition in 2023, he challenged the decision in the High Court. His argument centered on the claim that the family court had based its judgment solely on the statement of the child, who was merely five years old at the time.

Singh further contended that the child was experiencing "parental alienation syndrome." He alleged that the mother had psychologically influenced the child, causing him to become emotionally detached from his grandparents.

'Parental Alienation Syndrome' (PAS) refers to a condition where one parent instills feelings of animosity or hostility toward the other parent in a child. This manipulation often occurs through falsehoods, exaggerations, or negative behaviors, resulting in the child rejecting the other parent.

The mother countered before the court that two counseling sessions had been conducted, during which the child had explicitly expressed his preference to live with her.

According to the counseling report, the child stated, "My mother takes good care of me, I am happy with her, and I do not want to meet my grandfather." The court observed that the child showed reluctance even to meet his grandfather, and therefore, compelling him to do so would not serve the child's best interests.

In affirming the family court's verdict, the High Court declared, "The child's well-being and mental peace are of paramount importance. It is both morally and practically unjust to grant custody or visitation to a child against his wishes." Consequently, the High Court ruled that the child would remain in his mother's custody until he reaches majority age.