Team  SoOLEGAL

HEART WRENCHING TO SEE THAT THE INNOCENT CHILD IS THE ULTIMATE SUFFERER WHO GETS CAUGHT UP IN THE LEGAL AND PSYCHOLOGICAL BATTLE BETWEEN THE PARENTS: Supreme Court

Team SoOLEGAL 18 Mar 2019 3:34pm

HEART WRENCHING TO SEE THAT THE INNOCENT CHILD IS THE ULTIMATE SUFFERER WHO GETS CAUGHT UP IN THE LEGAL AND PSYCHOLOGICAL BATTLE BETWEEN THE PARENTS: Supreme Court

The Supreme Court delivered a judgment in which it was to be determined as to which of the parent will get the custody of the child. The Court expressed great concern about the fact that the ultimate sufferers of such cases are the children.

In the present case, the case was earlier referred for mediation but the settlement failed. So the Court had to decide the case on merits.

The observation of the Court was that when the settlement between the parents is successful, only then can the relation of the child with his/her parents in the future can be maintained and his existing one is less damaged.

In the following words, the Court had also given an advice to the disputing parents to overcome disharmony for the betterment of their children:

"Spouses must come over the temperamental disharmony which usually exists in every marriage, rather than magnifying it with impulsive desires and passions. Parents are not only caretakers, but they are instrumental in the development of their child's social, emotional, cognitive and physical well-being and work harmoniously to give their children a happy home to which they are justly entitled to.

The eventful agreement about custody may often be a reflection of the parents' interests, rather than the child's. The issue in a child custody dispute is what will become of the child, but ordinarily the child is not a true participant in the process. While the best interests principle requires that the primary focus be on the interests of the child, the child ordinarily does not define those interests himself or does he have representation in the ordinary sense.. The child's psychological balance is deeply affected through the marital disruption and adjustment for changes is affected by the way parents continue positive relationships with their children. To focus on the child rights in case of parental conflict is a proactive step towards looking into this special situation demanding a specific articulation of child rights." 

Tagged: Child   Custody   SupremeCourtMarriage  
Did you find this write up useful? YES 0 NO 0
Send
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.