Shivani Thakur
Published on: May 28, 2022 at 14:18 IST
The Madras High Court has observed that, the Courts have a duty to ensure that minor children a ‘Paramount consideration’ assuring their protection, interests, vision, wishes, a better life.
A Bench of Justices SM Subramaniam and Sathya Narayana Prasad observed that custody matters of minor have to be decided expeditiously by the courts if the decision of the court is delayed, it may lead to prolonged harassment of the minor children.
The Court also observed, “A good family alone can create a good nation. Every child has got a right to get better life as enunciated in the Indian Constitution. Right to life includes a decent life and not mere animal life. The life of minor children has to be protected by all concerned.”
“It is the duty of Courts to ensure that minor children are protected and their interests, vision and wishes are preserved to the extent possible to provide them a better future as it is the mandate of the State under the Constitution.”
In this case, the Appellant and the Respondent were granted divorce by mutual consent. The Appellant was working as a Head Constable in Tamil Nadu Police and the Respondent was employed as Junior Assistant in Tamil Nadu Electricity Board.
The Appellant was filed a Petition seeking custody of her minor daughters. Though an interim order was passed granting custody of children during weekends, the same was not honored by the Respondent.
The Court dismissed the Petition stating that the father was also a guardian.
The court did not consider that the mother was also capable of providing a better and decent living to the children as she was holding a respectable post.
When the children were brought before the court, they started crying and informed the court that they did not want to go with the father. They also informed the court that they were beaten up by the father and also in the house of the respondent’s sister. They have expressed their willingness to join with the mother.
“Courts are not expected to grant custody of minor children in a routine manner, merely based on allegations and counter allegations set out in the petition and counter affidavit.”
“Beyond such pleadings, the psychological aspect of the children, the real interest involved and what would be better for their future have to be necessarily considered as the children are the backbone of our great nation,” the Court concluded.