Love & Affection Of Both Parents Necessary For Child's Growth; Welfare Of Child Is Paramount Consideration In Child Custody Matters: Supreme Court
The Supreme Court observed that love and affection of both the parents is necessary for proper growth of a child.
The court was considering a case where, due to the marital disputes between the parents, the Child was living with the father and was deprived of the love and affection of the mother.
"For proper growth of a child, love and affection of both the parents is necessary. In any matter of custody of child, his welfare is paramount consideration", the Bench comprising Justice Vikram Nath and Justice Rajesh Bindal observed.
Advocate MP Parthiban appeared for the Appellant and Advocate M Yogesh Kanna appeared for the Respondent.
The Appellant-husband filed a divorce petition. The Respondent-wife in turn filed a complaint seeking both maintenance and temporary custody of the child under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (Act). The Trial Court decreed in favour of the wife, directing the Appellant to hand over the custody of their child. However, the husban did not comply with this order.
The Apex Court noted that to settle the dispute between the parties, the matter was referred to the Mediation Centre in the High Court. A report from the Mediator revealed that the Respondent was unwilling to mediate, and the nine-year-old child expressed reluctance to go with the mother.
The Court therefore decided to interact with the child, the child adamantly refused to go with his mother or even talk to her. Recognizing the impact of marital disputes on children, the Court, requested senior counsel V. Mohana to interact with the child.
Ms. V. Mohana submitted a report, detailing her efforts to mediate and counsel the child and the parents. The report noted the child's initial aversion to seeing his mother but later agreed to monthly meetings in a public place and phone calls from his mother.
The Court emphasized that it is beneficial for a child's upbringing to have the love and affection of both parents. However, in this case, the child has been deprived of the mother's love and affection from the beginning.
The Court also noted that there is hope that the child may now receive the affection of his mother, even though he continues to reside with his father, as he has been doing since birth. The Court observed that, given the parties' agreement for phone conversations, they can mutually decide the day, time, and venue of the meetings, allowing flexibility based on the convenience of both parties and the child's study schedule.
Following the suggestion of Ms. Mohana, the senior counsel, the Court directed the Mediation Centre to arrange for the child's interaction with a counsellor. Since the child is unwilling to visit the Court, the meeting could be arranged at a location other than the Court Complex. The child, currently 12 years and 9 months old, is deemed capable of making decisions.
Additionally, the Court observed that granting custody to the Respondent/Mother at this stage would not be in the child's best interest. However, as agreed, the mother will have visitation rights, and she can call the child.
Accordingly, the Court disposed of the Appeal.
Cause Title: Selvaraj v Revathi (2023 INSC 1054)
Appearance:
Appellant: Advocates Priyaranjani Nagamuthu, R. Sudhakaran, T. Hari Hara Sudhan, Shalini Mishra, Bilal Mansoor, Shreyas Kaushal
Respondent: Advocates S. Prabu Ramasubramanian, Raghunatha Sethupathy B, Bharathimohan M, Priya R, S. Sabari Bala Pandian, Santhosh K., M. Vishal Sundaramughan, Manoj Kumar A., Preethi G., Vasu Kalra, K. Paari Vendhan
