The Guardians and Wards Act, 1890 – Section 17 – Custody of Minor Children – Welfare – Preference of Minor Children, Parental Alienation Syndrome (PAS), Alienating Behavior – Minor children wanted to leave with father.
The paramount consideration of the Court in deciding guardianship matters involving minor children is their welfare, as enshrined in Section 17 of the Act. The Court exercises parens patriae jurisdiction and considers various factors including the age, sex, religion of the minor, character of the proposed guardian, and the minor’s preference, if intelligent enough.
The welfare of the child encompasses physical, moral, and ethical well-being, with the child’s ordinary comfort, contentment, education, and favorable surroundings being crucial. The preference of minor children is a significant factor in custody decisions, although not determinative, and must be considered alongside other welfare considerations.
Parental Alienation Syndrome (PAS) requires careful consideration, with courts focusing on identifying individual instances of alienating behavior rather than labeling a parent routinely. Courts must not prematurely label a parent as a propagator of PAS without sufficient evidence of alienating behavior.
The absence of overt preference by minor children between parents, coupled with their awareness of the parental blame game, may indicate the absence of parental alienation.
In the absence of evidence of alienating behavior, reliance on PAS allegations by the court may be misplaced. The High Court erred in interfering with a custody order when there was no evidence of alienating behavior or parental alienation. Family Court order of custody to father and visitation right to mother held valid. (Para 27)
SUPREME COURT OF INDIA
2024 STPL(Web) 345 SC
[2024 INSC 397]
Col. Ramneesh Pal Singh Vs. Sugandhi Aggarwal
Civil Appeal No(S). OF 2024 [Arising out of SLP (C) No(s). 28466 of 2023]-Decided on 08-05-2024
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