Jahanvi Agarwal
Recently, the Delhi High Court held that a child cannot be used as a tool by the custodial parent in a custody battle between an estranged couple.
Family Court Judge Anil Kumar prima facia observed while interacting with the child that the child was influenced by the mother. The order stated that:
“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,”
In the custodial battle, the father claimed that the Family Court granted him privileges in order to visit his child but only within the court premises but it was argued that the mother of the child was not following the Court’s order.
The father of the child alleged that the wife was constantly tutoring and brainwashing the child against him to develop a hostile and inimical attitude in the child’s mind. After hearing the arguments from both parties, the court emphasized that the child is “entitled to the love and affection of both parents.”
It stated that:
“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,”.
As a consequence, the court awarded the father with custody of the child but only for two days and made it clear that if the order is not been adhered to, the police can assist in the process.
The father had filed a petition for contempt, which led to the request for custody of the child. He is facing a domestic abuse prosecution filed by his estranged wife, who was given an interim respite in December 2022 after the husband agreed to pay her a monthly payment.
Representatives for the Father: Advocates Shone Kapoor and Abhimanyu Kumar.
Representatives for the Mother: Advocate LS Gautam.