Overall Development Of Children Involves Both Parents, Settlement Agreement Must Reflect The Same: Delhi High Court

The Delhi High Court has observed that the overall development of the children should ideally involve both the parents and that the settlement agreement should reflect the same.

Justice Subramonium Prasad was dealing with a contempt plea filed by a wife for the alleged non-compliance of the order passed by the Family Court.

It was stated by the counsel appearing for the Petitioner wife that the Respondent husband had violated the order dated which was based on a settlement agreement inasmuch as the husband was neither coming forward for second motion nor was he fulfilling his obligations with regard to the monetary settlement of the child.

On the other hand, the counsel appearing for the Respondent husband submitted that the wife was not permitting the children to meet the father and was actively obstructing him from developing a bond with his children.

Perusing the settlement agreement, the Court was of the view that the same revealed that the visitation rights of the Respondent husband were made contingent upon the desires of the children.

"This virtually eviscerates the right of the Respondent/husband to visit his children and inhibits the development of a secure attachment between the father and his children. It also does not fix any responsibility on the Respondent/father to aid in the growth of the children," the Court said.

It added, "The overall development of the children should ideally involve both the parents and the settlement agreement should reflect the same."

Accordingly, the Court sent the matter back to the Delhi High Court Mediation and Conciliation Centre in order to draw a comprehensive parental plan carving out the responsibilities of both the parents in the development or future of the children.

"Both the parties are directed to be present at the Mediation Centre on 20.05.2022 at 11:00 AM. The Delhi High Court Mediation and Conciliation Centre is requested to appoint a senior Mediator to draw the said parental plan," it added.

The matter will now be heard on July 28.

Title: X v. Y

Citation: 2022 LiveLaw (Del) 441

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