The High Court passed this important order on a PIL related to the mental anguish caused to children during court proceedings in matrimonial matters.
Nainital. In Uttarakhand, the division bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal of Nainital High Court said that the custody of children should be given to the parents as well as the grandparents. So that their emotional development is not affected. Because when the child grows up, he has to face pressure from his peers.
The Division Bench has directed the Family Courts of the State to compulsorily follow the recommendations made in the 257th Report of the Law Commission regarding reforms in guardianship and custody laws in child custody cases.
The division bench headed by the Chief Justice has passed this important order on a PIL filed by advocate Shruti Joshi related to the mental anguish caused to children during court proceedings in matrimonial matters. The court considered a letter issued by the Ministry of Law and Justice of the Government of India. It contains some proposals related to improving the consultation process in family courts.
The Law Commission headed by Justice AP Shah has recommended that the court should have the power to obtain ‘independent psychological assessment’ of the child, the bench said. Professional help should be required to understand child psychology. The Law Commission has also recommended some amendments in the Hindu Minority and Guardianship Act 1956 in this regard. The court directed that all the recommendations made by the Law Commission should be made mandatory for the family courts. Also, the instructions issued by the Ministry of Law and Justice for the appointment of counselors, who are child psychologists or general counselors, should also be followed. Their report, being scientific, can be taken as evidence to grant custody of the children.
