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Observing that a 15-year-old child requires a father’s guidance and a mother’s love and affection, the Court reiterated that these are fundamental to the child’s well-being and that a child must not be made a “football” between the parents to their own detriment.
Supreme Court permits mother to relocate minor children to the UK, holds that frequent changes of employment cannot be termed “nomadic life” and considers pending POCSO prosecution while determining custody.
The Court held that the Family Court had not appreciated the jurisdictional parameters of Section 12, Guardians and Wards Act and had failed to independently assess the physical, emotional, educational or psychological welfare of the child while directing change of interim custody.
“Where a child is repeatedly exposed to fear or hostility towards one parent, such an environment can adversely affect the child’s welfare.”
Howsoever abysmal the differences maybe between the spouses, but in no realm can the act of the aggrieved spouse of igniting animosity and hostility in the minor child in an attempt to use the child as a weapon to get even with their spouse, could be justifiable.
Madras High Court: In an application seeking the appointment of the applicant as a fit and proper person to be