Child is the loser

The Supreme Court, in a very significant ruling on Tuesday, has observed that the parental responsibility of a couple does not end even if there is a breakdown of the marriage between the two. In a custody battle, no matter which parent wins, but the child is always the loser and it is the child who pays the heaviest price. It is more so when the Court by its judicial process tells them to go with the parent whom he or she deems. Disposing of a civil appeal in a matrimonial case, a Supreme Court bench comprising Justices Ajay Rastogi and AM Khanwilkar have said that while deciding the matters of custody of the child, primary and paramount consideration is always the welfare of the child. According to the ruling, it is for the court to decide the issue of custody on a paramount consideration which is in the best interest of the child who is the victim in the custody battle. It is undisputed that the rights of the child need to be respected as he/she is entitled to the love of both the parents. Even if there is a breakdown of a marriage, it does not signify the end of parental responsibility. It is the child who suffers the most in a matrimonial dispute. The Supreme Court ruling came as the bench heard a husband assailing the 2015 order of the Delhi High Court which had partly allowed the appeal with the direction to the wife to comply with the consent terms, especially on the visitation rights of the husband to meet the son, who is now 11 years old. At the same time, visitation rights to meet the daughter, now 14 years old, were declined. It was also observed that if the daughter wishes to meet her father, she can do so at her own desire. In 2016, the Delhi High Court directed a psychotherapist to ascertain the relationship of the children with their father and paternal grandparents before they joined the sole custody of their mother. The apex court has held that the child pays heavy price of being deprived of the love and affection of their parents for which they were never at fault but are always the loser which at no stage could be compensated monetarily or otherwise.