Acrimonious Relationship Between Parents No Ground To Deny Chance To Re-Establish Bond Between Mother And Child: Delhi High Court

The Delhi High Court has observed that merely because the relationship between the parents has turned acrimonious, resulting in FIRs and making serious allegations against each other, cannot be a ground to deny an attempt at re-establishing the bond between a mother and her minor child.

Justice Navin Chawla set aside a family court order denying custody of a 10 year old minor child to the mother, observing that the interest of the child would lie in receiving the love and affection from both parents, though they may be warring with each other.

“In the present case, the learned Family Court has proceeded in haste in dismissing the claim of the petitioner for custody of the minor child, without first exploring means and ways to re-establish the bond between them. The learned Family Court is not to act as an adjudicatory forum alone, but is also to act as a facilitator to secure settlement of disputes. The Family Court ought to adopt a different approach from that adopted in ordinary civil proceedings,” the court said.

Justice Chawla noted that there were three FIRs registered on complaints of the mother against the husband and his family members, and that one FIR was registered on the complaint of the husband’s family against the wife and her family members, making serious allegations against each other.

“However, merely because the relationship between the parties has turned acrimonious, resulting in FIRs being registered against each other making serious allegations against each other, it cannot be a ground to deny an attempt at re-establishing a bond between the petitioner and the minor child,” the court said.

Justice Chawla asked the family court to direct the methods and modes of establishing a bond between the mother and the minor child, by giving her visitation rights before the Counsellor attached to the court.

“I am informed that the Guardianship Petition is now listed before the learned Family on 16.09.2023. The respondent no.1 shall produce the minor child before the learned Family Court on the said date. The learned Family Court shall proceed with the dispute before it, keeping in view the observations made hereinabove,” the court said.