The Madras High Court has stated that when dealing with cases relating to minor children’s custody under the Guardians and Wards Act, courts must guarantee that minor children’s interests, vision, and wishes are safeguarded to the greatest extent possible, providing them with a better life.
The observations were made by Justices S.M. Subramaniam and J. Sathya Narayana Prasad while granting an appeal filed by a female police constable seeking custody of her two daughters, now aged 16 and 10.
The Division Bench discovered that, despite the fact that the woman filed a child custody petition in 2016, it was only dismissed on April 8 this year by a single judge of the court.
The court also noted that today’s youth are wise and clever, and that they can analyse human behaviour. As a result, when the father and mother abandon the children, the minor children must be questioned and the authenticity of their statements must be properly analysed in order to reach a determination in the best interests of the children.
The Court also expressed its disapproval of the practise of deciding such petitions entirely on the basis of the estranged couple’s pleadings, without even questioning the little children.
In this case, it was discovered that in 2002, the constable married a junior assistant at the Tamil Nadu Electricity Board. In 2006, the couple welcomed their first child, and in 2010, they welcomed their second.
They divorced by mutual accord after that. Despite the fact that an interim order was issued in the child custody petition allowing the policeman to visit her children on weekends, she alleged that her former husband did not follow the order.
Despite this, the sole judge dismissed the custody petition when it came up for a final hearing.The appellant challenged the order, alleging that her ex spouse had treated her badly because of his political ties, despite the fact that she was a police officer.
She said she was held against her will for two days in a mental health rehabilitation facility. She also informed the Bench that her ex-husband was neglecting her children and that they were living with his sister.
When the judges summoned the children, their father reluctantly brought them before the court, and as the children mounted the steps to the dais, they sobbed in front of the two judges.The court also took note of the respondent’s stance, which indicated a refusal to bring the children before the court.
As a result, in order to protect the children’s interests, the court granted the mother custody of the children and refused the respondent/father any visitation rights.
The court also ordered the defendant to hand over all of the children’s e-certificates, documents, and possessions.
“The psychological aspect of the children, the real interest involved and what would be better for their future have to be necessarily considered as the children are the backbone of our great nation. A good family alone can create a good nation. Every child has got a right to get better life as enunciated in the Indian constitution. It is the duty of courts to ensure that minor children are protected and their interests, vision and wishes are preserved to the extent possible to provide them a better future as it is the mandate of the state under the constitution.”