The Uttarakhand High Court has ruled that the wishes and mental well-being of a minor must take precedence when courts decide matters of custody and visitation.
A division bench of Justice Ravindra Maithani and Justice Alok Mahara dismissed an appeal filed by Gajendra Singh, who sought custody of his grandson, and upheld the family court’s decision allowing the child to remain in the care of his mother, Shivani.
Singh had approached the High Court challenging the 2023 order of the Vikasnagar family court, which had denied him custody. He argued that the lower court had relied solely on the statement of the child, who was only five years old at the time, and claimed that the boy was suffering from “parental alienation syndrome”—a condition where one parent influences a child to harbour hostility toward the other parent.
Singh alleged that the mother had mentally influenced the child, resulting in emotional detachment from his grandparents.
The child’s mother, however, contended that two counselling sessions were conducted during which the boy clearly expressed his desire to live with her. The counselling report recorded the child’s statement: “My mother takes good care of me, I am happy with her, and I do not want to meet my grandfather.”
Taking note of this, the court observed that the child was reluctant even to meet his grandfather. Forcing him to do so, it said, would not serve his emotional or psychological welfare.
Upholding the family court’s view, the bench emphasised:
“The child’s well-being and mental peace are of paramount importance. It is both morally and practically unjust to grant custody or visitation to a child against his wishes.”
The High Court directed that the child would remain in his mother’s custody until he attains majority.
