Court Upholds Child's Wishes in Custody Case

The Uttarakhand High Court has underscored the importance of considering the mental well-being and expressed desires of minors in custody decisions. A bench led by Justice Ravindra Maithani and Justice Alok Mahara dismissed the appeal of Gajendra Singh, a grandfather seeking custody of his grandson. The court upheld that the child remains with his mother, Shivani.

The appeal followed a 2023 ruling by a family court in Vikasnagar, Dehradun, which denied Singh's custody petition, stating reliance on the child's statement, who was five at the time. Singh argued experiencing 'parental alienation syndrome,' suggesting the mother influenced the child against his grandparents.

The mother defended, highlighting counselling sessions where the child expressed a clear preference to stay with her. The court emphasized the child's stated happiness and unwillingness to meet his grandfather, concluding that forcing interactions would not benefit the child. The decision reinforces prioritizing minors' welfare in custody conflicts.