Child Used as a pawn in Custody Battle, No love for your child: SC

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A Vacation Bench comprising Justices PV Sanjay Kumar and Augustine George Masih urged the parents to prioritize the child’s well-being during the harsh Delhi summer instead of continuing their conflict.

NEW DELHI: Today (3rd June): The Supreme Court expressed concern over a child caught in a custody dispute between the parents.

A Vacation Bench comprising Justices PV Sanjay Kumar and Augustine George Masih urged the parents to prioritize the child’s well-being during the harsh Delhi summer instead of continuing their conflict.

The Court expressed dismay upon learning that the child had been ill since last November.

“You have yet to find a competent pediatrician. Both parents are using the child as a pawn. This is absolutely terrible. You both show no love for your child and are merely fighting at the child’s expense. So many months have passed,” remarked Justice Kumar, addressing the parents.

“We are only concerned with the child’s rights, not either of you. Take care of your child. The heat is extreme,” added Justice Masih.

Section 26 of Hindu Marriage Act 1955
It deals with the maintenance, caring and education of child and only when both the parents follow Hindu religion, the custody of child gets validated. Under this act, the court can pass orders, judgements, amendments, etc. at any point of time in respect to the maintenance of child and dispose of the pending decree within the 60 days from the date of service of notice.

The Court emphasized the need to protect the child’s rights and interests. After hearing from both parties, the Court ultimately granted visitation rights to the father.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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