High Court Rejects Father’s Plea for Interim Custody
In a significant ruling, the Delhi High Court has dismissed an appeal filed by a father seeking interim custody of his minor son. The case stems from ongoing marital disputes and subsequent custody battles between the parents, who married in 2013 and have one child born in 2016. The father, appealing against a Family Court order dated November 9, 2023, sought temporary custody of the child, which was denied on the grounds of the child’s welfare.
Background of the Case
The couple’s marital issues began in 2021, leading to the mother filing a police complaint alleging domestic violence and subsequently seeking divorce. The father was granted virtual visitation rights, which he claimed were not honored by the mother, resulting in contempt applications. He then filed a petition under Section 25 of the Guardian and Wards Act, 1980, for the child’s custody. Although the Family Court granted limited visitation rights, the father argued that the mother’s presence during visits caused the child discomfort, leading to further legal actions.
Court’s Observations and Final Decision
The High Court took into account reports from the Family Court Counsellor and Children’s First, a child mental health organization. Both reports indicated that the child was uncomfortable and apprehensive during interactions with the father. Given the child’s young age and emotional state, the court concluded that granting interim custody would not be in the child’s best interest. The court emphasized the need for the child to gradually overcome his apprehensions through continued supervised meetings with a counsellor. Consequently, the appeal was dismissed, affirming the Family Court’s decision to prioritize the child’s mental well-being.
