In a recent custody battle between an estranged couple, a Delhi Court made an important observation, stating that a child should not be used as a tool by the custodial parent. The Family Court Judge, Anil Kumar, interacted with the child and prima facie observed that the child seemed to be influenced by the mother.The judge's order stated, "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 are no other complaints or allegations against the father."The father claimed that the family court had granted him visitation rights to his child within the court premises. However, he alleged that the mother was not complying with the court's directions. He further stated that the wife was continuously tutoring and brainwashing the child against him, attempting to develop a hostile and inimical attitude in the child's mind.Taking these arguments into consideration, the court emphasized that the child was entitled to the love and affection of both parents. Given the clear refusal of the mother to allow the child to meet the father, the court found no other option but to grant custody of the child to the father for a few days. The court made it clear that if this direction was not adhered to, the police may assist in the process.
The father's plea for custody of the child stemmed from a contempt petition he filed. He is facing a domestic violence case filed by his estranged wife, who was granted a monthly sum as interim relief in December 2022. The father was represented by Advocates Shone Kapoor and Abhimanyu Kumar, while Advocate LS Gautam appeared for the mother.
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TAGS: Delhi Court Estranged couple Child Custodial parent Family Court Judge