The well-being of children of separated couples is paramount: HC

The welfare and future of children of separated couples must be of paramount importance in dealing with custody cases, the Madras High Court has said.

He stated that the interests of minor children must be verified by investigation. Courts are not expected to award custody of minors on a routine basis, merely on the basis of allegations and counter-allegations set forth in the petition and counter-affidavit.

”Courts are supposed to ascertain the genuineness of the interest involved in custody matters. Further investigation regarding the state of mind of the children is needed,’ a divisional bench of Justices SM Subramaniam and J Sathya Narayana Prasad said in their recent order.

The bench allowed an appeal from a female chief city constable, who had challenged an order made in April this year by a family court, which granted custody of her two minor children to her former husband, who at his turn left the children at his sister’s house.

After overturning the family court order, the court ordered the man, an employee of the public nightclub TANGEDCO, to return custody of the children to their mother on the same day of the order, with all the certificates, documents and their belongings. Judges also said he had no visitation rights to minor children and should not interfere with their lives or activities. In case of violation in this regard by the estranged husband, the wife is free to approach the jurisdictional police for any necessary action in the manner known by law, the judges added.

The woman married the man in December 2012. Due to a difference of opinion and a misunderstanding, the couple mutually filed for divorce and the family court granted relief in August 2018. The husband requested custody of the children and the court granted the plea. He then left the children with his sister. Therefore, the ex-wife brought the present appeal to the High Court.

”Beyond these pleadings, the psychological aspect of children, the real interest at stake and what would be best for their future must necessarily be considered because children are the backbone of our great nation. They are the nation builders. Only a good family can create a good nation. Every child has the right to have a better life as enshrined in the Indian Constitution. The right to life includes a decent life and not just animal life.” ”The lives of minor children must be protected by all parties concerned. It is the duty of the courts to ensure that minor children are protected and that their interests, vision and wishes are preserved as far as possible in order to provide them with a better future, because this is the mandate of state under the Constitution,” the judges said after meeting with the two children and ascertaining their wishes.

(This story has not been edited by the Devdiscourse team and is auto-generated from a syndicated feed.)

About Sharon Joseph

Check Also

As Child Deaths Rise, Louisiana Child Welfare Agency Chief Steps Down

The head of Louisiana’s child welfare agency has resigned following a series of tragic deaths …