A division bench of Justice Ravindra Maithani and Justice Alok Mahara dismissed Gajendra Singh's (grandfather) enchantment for custody of his grandson, ruling that the kid will stay within the care of his mom, Shivani.
Gajendra Singh had filed a petition looking for custody of his grandson.
In 2023, the household court docket in Vikasnagar, Dehradun, dismissed his petition. Difficult this, he filed an enchantment within the Excessive Court docket, arguing that the household court docket relied solely on the assertion of the kid, who was solely 5 years outdated on the time.
Singh additionally argued that the kid suffers from “parental alienation syndrome.” He said that the mom had mentally influenced the kid, and consequently, he had grow to be emotionally distant from his grandparents.
‘Parental Alienation Syndrome' (PAS) is a situation during which one father or mother instils hatred or hostility towards the opposite father or mother in a toddler. That is usually performed by means of lies, exaggerations, or adverse behaviour, main the kid to reject the opposite father or mother. The kid's mom, nonetheless, argued earlier than the court docket that two counselling classes had taken place, throughout which the kid had clearly expressed his need to stay along with her. Within the counselling report, the kid said, “My mom takes excellent care of me, I'm pleased along with her, and I don't wish to meet my grandfather.”
The court docket famous that the kid was hesitant to even meet his grandfather, and due to this fact, forcing him to satisfy him wouldn't be within the kid's finest pursuits.
Upholding the household court docket's resolution, the Excessive Court docket mentioned, “The kid's well-being and psychological peace are of paramount significance. It's each morally and virtually unjust to grant custody or visitation to a toddler in opposition to his needs.”
Accordingly, the Excessive Court docket dominated that the kid would stay within the custody of his mom till he attains majority.
