GOVIND SINGH ATWAL Vs. MANKIRAT KAUR ATWAL

JUDGEMENT

(1.) Statistics available from the District Court suggest that there has been a steady increase in matrimonial cases for the last several years. This would naturally result in an increase in custody cases. Battles for the custody of children usually leave a taste of unpleasantness, if not in the child then in the parents. If litigating parents are able to sort out their disputes amicably, it is so much the better for them and for their children; but if that is not possible, there should be available some facility of professional Counselling.

(2.) For this, we need to seriously consider implementing the Family Courts Act, 1984 in Delhi but if that cannot be done, then we need to adopt at least the principles laid down in the Family Courts Act and incorporate them into our justice delivery system. In addition, there is a need for organizations such as the Delhi Legal Services Authority and the High Court Legal Services Committee to broad-base its volunteers and include professional Counsellors who can render useful assistance in cases involving matrimonial disputes and custody of children so that the unpleasantness is minimised, if not eliminated. The endeavour of the justice delivery system should be to build human relationships, or at least keep them intact, and in any event, to prevent them from being damaged beyond repair.

(3.) This preface has been necessary because of what seems to me to be an avoidable custody litigation between the parties in this case.