Marital Discord Between Parents Adversely Affects Child's Personality, Says SC [Read Judgment]

The ill consequences of the discord between mother and father effect the child in her normal upbringing and is a negative factor on child's personality and upbringing, said the Supreme Court while declining to interfere with a High Court order directing to admit a child in a boarding school.

Before the Apex Court, the mother had assailed an interim order of the High Court contending that the child is not doing well at the boarding school at Ooty and she has suffered medical issues also.

While declining to interfere with the interim order, the bench comprising Justice Ashok Bhushan and Justice Navin Sinha observed that every case where issue pertaining to custody of child and education is decided depends upon the facts of each case. No hard and fixed formula can be found out which can be applied to each and every case. Each case has to be examined in its own facts, the court added.

The bench however observed that the environment of marital discord between parents may affect the child. Referring to earlier judgments, the bench said:

"When the child has to go in the environment, where there is marital discord between her parents affecting the peace of mind of all including the parents and children, child suffers physical and mental distress. The ill consequences of the discord between mother and father effect the child in her normal upbringing and is a negative factor on child's personality and upbringing." 

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