Child Custody Battle Between Parents

Legal battles are fought between parents for child custody, which is indeed the most unfortunate aftermath following a marital breakup. Parents, after undergoing a matrimonial war, tend to fight over their child’s custody without understanding its psychological impact on their child. They should at least care about the emotional and physical stress that the child undergoes due to their break up but no, this doesn’t usually happen. The situation is worsened by the delay with which Indian law and the legal system functions in delivering a quick ruling on child custody.

Indian Law: Child Custody Battle Worsens Marital Discord between Divorced Couples

Indian law gives considerable protection to safeguarding a child’s interests. In a prominent child custody case, Mohan Kumar Rayana v. Komal Mohan Rayana, AIR 2008 SC 471, in Bombay High Court. 

The husband and wife were married in 2002 and a daughter was born to them. The couple separated in 2004 and the wife started living at her parents’ house along with her daughter. The daughter was put in a school that was close to the husband’s house. He occasionally used to pick the child up, bring her home and then leave her with her mother. The wife did not have any objection to this.  In October 2005, the husband picked the child but did not drop her back at the mother’s place. Both the spouses underwent a fierce legal battle for child custody.

The court held that the father is responsible for all the expenses of the daughter in this case. Also, the mother was given the authority to decide about the child’s future and academic matters with husband’s consultation. This is in accordance with the concept that a mother is best suited to make decisions for the welfare of the minor.

However, the couple was unable to decide in harmony and the father approached the high court. The court ordered the couple to seek the guidance of a psychiatrist and get back with a report within 14 days. The court also directed the father to stay away from the child till then. He then approached the Supreme Court, following which the father was granted access to the child on weekends.

The apex court analyzed that the couple are unable to agree on any terms, because they were approaching the court again and again and interpreting the court’s order to their convenience. It directed the couple to make arrangements to work by co-operating with each other and focus on following the court’s order.