Mental well-being of child paramount when deciding custody, visitation rights: Uttarakhand HC

The Uttarakhand High Court has held that the wishes and mental well-being of a minor child should be considered paramount when deciding on custody and visitation rights.

A division bench of Justice Ravindra Maithani and Justice Alok Mahara dismissed Gajendra Singh's (grandfather) appeal for custody of his grandson, ruling that the child will remain in the care of his mother, Shivani.

Gajendra Singh had filed a petition seeking custody of his grandson.

In 2023, the family court in Vikasnagar, Dehradun, dismissed his petition. Challenging this, he filed an appeal in the High Court, arguing that the family court relied solely on the statement of the child, who was only five years old at the time.

Singh also argued that the child suffers from " parental alienation syndrome." He stated that the mother had mentally influenced the child, and as a result, he had become emotionally distant from his grandparents.

'Parental Alienation Syndrome' (PAS) is a condition in which one parent instils hatred or hostility toward the other parent in a child. This is often done through lies, exaggerations, or negative behaviour, leading the child to reject the other parent.

The child's mother, however, argued before the court that two counselling sessions had taken place, during which the child had clearly expressed his desire to live with her.

In the counselling report, the child stated, "My mother takes good care of me, I am happy with her, and I do not want to meet my grandfather."

The court noted that the child was hesitant to even meet his grandfather, and therefore, forcing him to meet him would not be in the child's best interests.

Upholding the family court's decision, the High Court said, "The child's well-being and mental peace are of paramount importance. It is both morally and practically unjust to grant custody or visitation to a child against his wishes."

Accordingly, the High Court ruled that the child would remain in the custody of his mother until he attains majority.