Court Emphasizes Welfare and Best Interests of Children Over Parental Rights in Landmark Judgment
In a significant judgment, the Delhi High Court has ruled in favor of the father, granting him custody of his two minor children amidst a contentious custody battle between estranged spouses. The decision, delivered by Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, underscores the paramount importance of the welfare and best interests of children over parental entitlements or preferences.
The case, Suman Sankar Bhunia v. Debarati Bhunia Chakraborty, revolved around the custody of two children aged 12 and 6. The mother, who had relocated to the United Kingdom for employment, sought custody, citing her role as the primary caregiver and her financial capacity to support the children. However, the court found that her conduct reflected sustained parental alienation against the father, adversely impacting the children's welfare.
The judgment dismissed the application for relocation, emphasizing that the children's continued residence in India under their father's custody is necessary to preserve emotional and psychological bonds. The court noted that separating the siblings or relocating them outside Indian jurisdiction could be detrimental to their holistic development.
The court further directed both parents to ensure that the children are insulated from hostility and emotional coercion against the other parent. It highlighted the importance of co-parenting and the need for both parents to contribute to the children's welfare, irrespective of custody arrangements.
While the court acknowledged the mother's role as a primary caregiver, it stressed that parental alienation and repeated relocations had disrupted the children's stability and continuity. The court emphasized that custody decisions must be anchored in the overarching principle of the best interests of the children, rather than presumptive doctrines like the Tender Years Doctrine.
The judgment also addressed allegations of parental alienation and misconduct, cautioning against the misuse of legal provisions in custody disputes. It reiterated that the welfare of the child is the paramount consideration, transcending the rights of parents under statutory provisions.
With this ruling, the Delhi High Court has set a precedent for future custody cases, reinforcing the principle that the welfare and best interests of children must guide custody determinations. The judgment is a reminder that legal processes should not overshadow the emotional and psychological needs of children caught in parental disputes.
Bottom Line:
Custody of minor children - Welfare and best interests of children are paramount and override parental rights or entitlements - The Tender Years Doctrine is not determinative in custody cases, and the focus must be on the holistic welfare of the child, including emotional stability, psychological well-being, and maintaining sibling unity.
Statutory provision(s): Guardians and Wards Act, 1890 Sections 7, 25; Indian Penal Code, 1860 Sections 498A, 506; Protection of Women from Domestic Violence Act, 2005; Dowry Prohibition Act, 1961; Code of Criminal Procedure, 1973 Section 125
Suman Sankar Bhunia v. Debarati Bhunia Chakraborty, (Delhi)(DB) : Law Finder Doc id # 2843590
