Child custody denied to father holding it would be highly unjust and traumatic for the child

Delhi High Court: A Division Bench comprising of G.S. Sistani and Sangita Dhingra Sehgal, JJ. dismissed an appeal filed against the order of the Family Court whereby interim custody of a minor child was refused to his father.

The appellants were the father and paternal grandparents of the minor child, aged 8 years, concerned in this matter.  The appellant was married to the deceased. A son was born to them within the wedlock. The deceased committed suicide by hanging and an FIR was registered against the appellants. In a petition filed by the respondent – maternal grandparents of the child, interim custody of the minor child was handed over to them. Further, the Family Court, vide the order impugned, declined the interim custody of the child to the appellants. The present appeal was filed under Section 19 of the Family Courts Act.

The High Court carefully examined the order impugned and found no infirmity in it. The Court took into account the fact recorded by the Family Court that the child was not comfortable with the appellants and had refused to meet or talk to them. He even started to weep after seeing his father. The Family Court further recorded that respondents were looking properly after the child and providing him good education. Furthermore, the Family Court recognized that if the child continues to meet with his father under the supervision of family counsellor, it would remove bad feelings in mind of the child against his father. The High Court was of the view that the Family Court made all efforts so that the child may become comfortable with his father before a final review in the matter is taken up. Accordingly, the appeal filed was held to be sans merit and it was, thus, dismissed. [Vijay Kumar Jha v. Shailender Kumar Jha, 2018 SCC OnLine Del 10721, dated 31-07-2018]

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    HC can be flexible towards state excersise department

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