Withdrawal of Divorce Consent Protected as Statutory Right Under Hindu Marriage Act" Delhi High Court Allows Aspirants to Rejoin Indian Coast Guard Recruitment Process Despite Document Discrepancies Unmerited Prosecution Violates Article 21: Himachal Pradesh High Court Acquits Accused in Fraud Case Access to Prosecution Evidence Is Integral to a Fair Trial: Kerala HC Permits Accused to View CCTV Footage A Reasonable Doubt Is One Which Renders the Possibility of Guilt As Highly Doubtful: Madras High Court Submission of Qualification Documents at Any Stage Valid: MP High Court Overturns Appointment Process in Anganwadi Assistant Case" High Court Must Ensure Genuineness of Settlement Before Quashing Criminal Proceedings: Supreme Court Patna High Court Acquits All Accused in Political Murder Case, Citing Eyewitness Contradictions and Lack of Evidence Opportunity for Rehabilitation Must Be Given: Uttarakhand High Court Commutes Death Sentence in Child Rape Case Right to Travel Abroad is a Fundamental Right Under Article 21; Pending Inquiry Cannot Justify Restriction: Rajasthan High Court First Appellate Court Could Not Reopen Issues Already Decided: Orissa High Court Kerala High Court Grants Bail in POCSO Case, Reaffirms Principle of “Bail is the Rule, Jail is the Exception” Debts Recovery Tribunal Can Condon Delay in Section 17 SARFAESI Applications: Gauhati High Court Rajasthan High Court: "Ex-Parte Interim Orders Should Not Derail Public Infrastructure Projects" Sovereign Functions In Public Interest Cannot Be Taxed As Services: High Court Of Jammu & Kashmir And Ladakh Quashes Service Tax Madras High Court: Adoption Deeds Not Registrable Without Compliance With Statutory Framework Taxation Law | Relief for Telecom Giants: Supreme Court Rules Mobile Towers Are Movable, Not Immovable Property Absence of Premeditation Justifies Reduction to Culpable Homicide: Supreme Court Alters Murder Conviction Mere Breakup of a Consensual Relationship Cannot Lead to Criminal Proceedings: Supreme Court Quashes FIR Alleging Rape on False Promise of Marriage Hindu Widow’s Limited Estate Remains Binding, Section 14(2) of Hindu Succession Act Affirmed: Supreme Court Burden of Proof to Establish Co-Tenancy Rests on the Claimant: Supreme Court Summary Security Force Court Lacks Jurisdiction Over Civil Offences Beyond Simple Hurt And Theft: High Court of Jammu & Kashmir and Ladakh Vague Allegations Cannot Dissolve a Sacred Marital Relationship: Karnataka High Court Upholds Dismissal of Divorce Petition Daughters Entitled to Coparcenary Rights in Ancestral Property under Hindu Succession Act, 2005 Amendment: Madras High Court Divorce | False Allegations of Domestic Violence and Paternity Questions Amount to Mental Cruelty: Madhya Pradesh High Court Hostile Witness Testimony Admissible if Corroborated by Independent Evidence: Punjab and Haryana High Court Fraud Must Be Specifically Pleaded and Proved Beyond Reasonable Doubt to Invalidate Registered Documents: Andhra Pradesh High Court Himachal Pradesh High Court Upholds Rash Driving Conviction But Grants Probation to First-Time Offender Bus Driver

Child's Psychological Well-Being Paramount: Delhi High Court Upholds Denial of Father's Custody Appeal

07 May 2024 8:19 AM

By: Admin


The Delhi High Court has upheld a Family Court's decision denying interim custody of a minor child to the father, Amit Sharma, in a contentious guardianship dispute with his estranged wife, Sugandha Sharma. The ruling, delivered by Justices Rajiv Shakdher and Amit Bansal, prioritizes the child's psychological health and well-being, relying on expert reports that indicated the child's discomfort and apprehension in the presence of his father.

Amit Sharma and Sugandha Sharma were married in July 2013 and have a son, Shrestha Sharma, born in January 2016. Marital issues led to Sugandha leaving the matrimonial home with their son in September 2021, followed by allegations of domestic violence against Amit. The Family Court initially granted Amit virtual visitation rights, which were later extended to physical meetings under court supervision. Dissatisfied with the limited access, Amit filed multiple applications seeking interim custody, all of which were dismissed by the Family Court.

The High Court emphasized the critical role of psychological evaluations in custody disputes. "The best interest of the child has to be determined taking into account all relevant circumstances," the court noted. Reports from both the Family Court Counsellor and the child mental health organization, Children's First, were pivotal in the court's decision. These reports indicated the child's distress and discomfort during interactions with his father.

The Family Court Counsellor's report, dated February 21, 2024, described the child's reluctance and fear during meetings with Amit. Further evaluation by Children's First confirmed these findings, recommending a suspension of father-son interactions for 8 to 12 weeks to allow for a detailed assessment of the child's psychological state. "The child requires detailed assessment over the next 8 to 12 weeks and during this period, there should be no contact, physical or virtual, between the child and his father," stated the interim report from Children's First.

The High Court reiterated the principle that in custody matters, the child's best interest is paramount. "Joint parenting is the norm. If the court moves away from this norm, it should clearly articulate its reasons," the judgment noted. Given the expert reports indicating the child's trauma and apprehension, the court found no grounds to grant interim custody to Amit Sharma. The court also rejected Amit's alternative suggestion for the child to visit his paternal grandparents in his absence, stating that any such interactions must first be mediated to address the child's deep-seated fears.

"The upshot of the report is that the child requires detailed assessment over the next 8 to 12 weeks and during this period, there should be no contact, physical or virtual, between the child and his father," the court noted, reflecting the emphasis on the child's psychological well-being.

The Delhi High Court's decision underscores the judiciary's commitment to the welfare of children in custody disputes. By affirming the Family Court's order, the judgment highlights the importance of psychological evaluations and the necessity of prioritizing the child's mental health over parental access. This ruling serves as a significant precedent, reinforcing the legal framework that governs child custody and visitation rights in India.

Date of Decision: July 09, 2024

Amit Sharma v. Sugandha Sharma

Similar News