SMRITI MADAN KANSAGRA Vs. PERRY KANSAGRA

JUDGEMENT

(1.) The issue of custody, including interim custody and visitation rights of the parents to a child becomes a source of continuous litigation when the litigating couple adopts hard postures. Often the innocent children are used as tools of vengeance by vindictive litigants who inflict severe emotional and psychological abuse on the child thereby seriously affecting the child in his/her later part of life. We have been noticing that in family disputes, litigants often made false and vindictive allegations against each other, wasting and consuming enormous Court's time.

(2.) Depriving a child the love and affection of both parents is not in the interest of the child. The custodial parent who tries to alienate the child from the other parent does not realize the serious consequences caused in the later part of the child's life. It is the fundamental right of children to get love and affection from both parents. If efforts made by a Court to make the parties mutually agree upon a visitation schedule and interim custody period fail, the Court has to step in and pass suitable orders in the best interest of the child.

(3.) Visitation and interim custody is for the primary benefit of the child and cannot be viewed as a privilege to be exercised at the whim of either parent. It is a responsibility that should be fulfilled as a necessary cause. Over night access at home of the non-custodial parent needs to be encouraged at an early stage so that the child has a close and a continuing relationship and gets the love and affection of not only both parents but also the extended family comprising grand-parents, cousins, uncles and aunties. The healthy emotional development of children depends upon there early experience of a continuous, emotionally available care-giving relationship, through which relationship the child forms an organized attachment and develops human capabilities for thought and relationship building. A child has a right to childhood of hopeful existence and free from neglect. A child needs consistent support system as also love, hope and encouragement. A child should be so nurtured that he/she is fully prepared to live life in a society, in the spirit of dignity, tolerance, freedom and solidarity.