Gujarat High Court Says Young Children Need Love Of Both Parents, Asks DLSA To Attempt Conciliation Between Estranged Couple

While emphasizing on the paramount welfare of children in custody matters and observing that young children need love and warmth of both the parents, the Gujarat High Court recently directed the District Legal Service Authority to attempt conciliation between an estranged couple.

"We would also request the Chairperson, Rajkot District Legal Service Authority to also attempt to bring about the permanent solution between the parties, as according to us, such solution will be quite beneficial. After once the Chairperson undertakes this exercise and if he finds the need for continuity of the process, he will be at liberty to relegate the parties to professional counselors or anyone he deems appropriate," a bench comprising Justice Sonia Gokani and Justice Mauna Bhatt ordered.

The direction was made while hearing a habeas corpus petition filed by the mother of a 20 months old baby-girl, seeking her custody. The child was said to have been taken away by her father.

The estranged couple had an understanding to have the child's custody turn by turn for 10 days each, in rotation. However, it was alleged that the petitioner's husband took the child into his custody under this pretext and thereafter sent a legal notice to the Petitioner making it quite clear that he was not ready to return the child.

"We noticed that the excessive mental past baggages are not allowing the spouses to respond positively. However, that avenue appears to be open considering the respective versions as they appear to be regular wear and tear of the married life which are being reflected from their talks. Both the spouses also need to off load themselves from the past and that will be feasible through extensive and continues counseling at the ends of the wiser persons as also by the professional marriage counselors trained in this field," the Court observed so far as reconciliation of the couple is concerned.

Reliance was placed on Yashita Sahu v. State of Rajasthan & Ors., where the Supreme Court had observed that in custody matters, which it dubbed as "ego battles" between spouses, often children are the real victims. The Top Court had further said that courts should decide the issue of custody only on the basis of what is in the best interest of the child. It had observed, "A child, especially a child of tender years requires the love, affection, company, protection of both parents. This is not only the requirement of the child but is his/her basic human right."

Accordingly, the High Court ordered that the father can visit the child for two days in a week, i.e., on the 1^st and 3^rd Saturdays, between 11 am - 2pm. Additionally, on special occasions such as birthdays, the father can be permitted to visit.