In a recent custody battle between an estranged couple, a Delhi Court emphasized that a child should not be used as a tool by the custodial parent.
Family Court Judge Anil Kumar, after interacting with the child, observed that the child appeared to be influenced by the mother.
The order stated that “I have interacted with the child. It is stated by the child that he doesn’t want to meet his father because he didn’t answer his calls earlier. Apart from this, there is no other complaint or allegations against the father.”
The father claimed that the family court granted him visitation rights on the court premises, but alleged that the mother wasn’t adhering to the directions of the court.
He contended that the wife was consistently coaching and indoctrinating the child against him, aiming to foster a hostile attitude.
Recognizing the child’s entitlement to love and affection from both parents, the court concluded that, given the respondent’s clear refusal to allow the child to meet the father, granting custody to the petitioner for a few days was the only viable option.
Consequently, the court awarded custody of the child to the father for two days, explicitly stating that the police may assist in the process if the directions are not followed.
It stated that “In these circumstances when there is a clear refusal of the respondent to allow the child to meet with the father, there is no other option except to grant the child’s custody to the petitioner for a few days.”
The father’s plea for custody stemmed from a contempt petition, while he himself faced a domestic violence case initiated by his estranged wife.
In December 2022, the court ordered the husband to provide interim financial support to his wife.
