Mental Health of Child Takes Priority: Uttarakhand High Court Rejects Grandfather’s Visitation Application

Uttarakhand:  A bench of Justice Ravindra Maithani and Justice Alok Mahara dismissed the appeal filed by Gajendra Singh, saying that his grandson Akshat will remain under the care of his mother Shivani. Gajendra Singh had filed a petition seeking custody of his grandson. However, in 2023, the family court in Vikas Nagar, Dehradun, dismissed the petition. He appealed against it in the High Court. According to him, the family court relied only on the testimony of the five-year-old son and gave its decision. Uttarakhand High Court has dismissed a grandfather's petition for custody of his grandson. The court has observed that the mental health and wishes of the minor child are the most important factors in such cases.

What did Petition Said?

Gajendra Singh claimed that the son is affected by 'parental alienation syndrome'. That is, his mother has instilled negative feelings in him towards his grandparents. However, the boy's mother told the court that during the two counselling sessions, the boy had clearly expressed his desire to stay with her. In the counselling report, Akshat had said, "My mother takes good care of me, I am happy with her and I do not want to meet my grandfather."

Also Read: Uttar Pradesh Shocker: Court Gives Death Sentence To Man For Raping Seven-Year-Old Girl and Murdering Her Sister

What Did Court Said?

Upholding the family court's decision, the high court said that the boy was reluctant to even meet his grandfather. Therefore, forcing him to meet him would not be in his best interest. The welfare and mental peace of the child are paramount. It is morally and practically wrong to grant custody or visitation rights against the child's will." The court therefore ordered that Akshat remain under the protection of his mother.