Delhi HC prioritises child's well-being in custody battle, stresses on interaction with both parents

New Delhi : Focussing on the child's future and welfare amid parental conflicts, the Delhi High Court has stressed the impact of custody battles on children, stating that they often suffers the most in such conflicts.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna made these observations while addressing a mother's appeal against a family court order declaring her and her husband, who were living separately, as joint guardians of their minor child.

In the appeal, the bench noted that the family court had rightly concluded that custody should remain with the mother, given her exclusive custody of the child since he was two years old, and now is more than 16 years old.

However, the court recognised the importance of some interaction between the minor and the father for the child's welfare.

It modified the overnight custody and visitation rights granted by the family court, directing the mother to bring the minor to the Children's Room of Saket Family Court on the first and third Saturday of every month for a three-hour meeting with the father.

The court noted the imperative need for some interaction between the minor and the father for the child's interest and welfare. Additionally, the court permitted the father to talk to the child on the mobile phone at least once a week, subject to the minor's convenience.

The court stressed that this order would remain effective until the child attains the age of majority.