New Delhi, Sep 5 Setting aside a family court order, the Delhi High Court has observed that acrimonious relationship, filing of FIRs or serious allegations between parents should not be a reason to deny efforts to re-establish the bond between a mother and her minor child.
The trial court had denied the custody of a 10-year-old child to the mother.
Justice Navin Chawla noted that while there were multiple FIRs filed by both parents against each other and their respective families, the interest of the child should be in receiving love and affection from both parents, even if they are in conflict.
"...merely because the relationship between the parties has turned acrimonious, resulting in FIRs and serious allegations against each other, it cannot be a ground to deny an attempt at re-establishing a bond between the petitioner and the minor child,” the court said.
Justice Chawla pointed out that the family court should serve as more than just an adjudicatory forum and should also facilitate the resolution of disputes, particularly in family matters.
"The learned family court is not to act as an adjudicatory forum alone, but is also to act as a facilitator to secure settlement of disputes. The family court ought to adopt a different approach from that adopted in ordinary civil proceedings,” he said.
Justice Chawla then directed the family court to explore methods and modes for re-establishing the bond between the mother and the minor child, including granting visitation rights before a court-attached counselor.
The case is expected to proceed before the family court on September 16.
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