Child – dispute for custody – Child staying with father reluctant to go with the mother and even to talk to her – Efforts of the Supreme Court and numerous efforts of Amicus Curiae for mediation should be lauded.
The marriage between the appellant-husband and the respondent-wife was solemnized on 16.5.2010.
On 18.2.2021 – child boy was born.
In 2014 the husband filed the divorce petition.
On 22.5.2014, the Magistrate passed order for custody of child to the mother on her application filed under Section 12 of the DV Act.
On 20.11.2014, the Magistrate rejected the application of the husband for revocation of custody order.
On 31.1.2017, the appeal of the husband was dismissed by the Principal District Judge.
In the revision, the High Court referred the matter for mediation on 2.12.2019. By the mediation report dated 19.11.2020 it was informed that the wife was not ready to mediate and child who completed nine years was not willing to go with the mother.
In the above background, the Supreme Court deemed it appropriate to interact with the child. In the interaction it was found that the child flatly refused not only to go with his mother but even talk to her.
The Supreme Court requested the Senior Counsel to interact with the child. The learned Counsel made numerous efforts to break the ice. Initially the child was averse even to see his mother. However, during numerous efforts the child finally agreed to meet mother at a pubic place and that mother can make phone calls to him.
The mother can call him and will have visitation rights
Judgment dated 6.12.2023 in Criminal Appeal No.3736 of 2023
41554_2018_9_1501_48824_Judgement_06-Dec-2023.pdf (sci.gov.in)
