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SUPREME COURT OF INDIA
Ruma Pal, C.K. Thakker, JJ.
Prem Chand Jinrajsa Sahuji (D) by LRS - Petitioner
Versus
Surendra - Respondent
S.L.P No. 8112 of 2004
Decided On : 17-01-2005
Expert Opinion - Custody of Girl Child - The court appoints a psychiatrist to provide an expert opinion on the potential adverse psychological impact on the child if custody is granted to her father after being with the relatives of the deceased mother.
Fact of the Case:
The court appoints a psychiatrist to provide an expert opinion on the potential adverse psychological impact on the child if custody is granted to her father after being with the relatives of the deceased mother.
Finding of the Court:
The court finds it appropriate to seek expert opinion on the matter of custody of the girl child from a psychiatrist and possibly a social welfare worker.
Issues: Custody of the girl child
Ratio Decidendi: The court decides to appoint an expert to assess the potential adverse psychological impact on the child if custody is granted to her father.
Final Decision: The court appoints Dr. Achal Bhagat as the expert to provide an opinion on the potential adverse psychological impact on the child if custody is granted to her father.
JUDGMENT :
1. We are of the view that having regard to the issues involved it is appropriate that the Court should take expert opinion in the matter of custody of the girl child, from a psychiatrist and if possible a social welfare worker. We accordingly appoint Dr. Achal Bhagat, (Doctor in Apollo Hospital), (Sarthak), 24 Hauz Khas Village, New Delhi-110 016 (Ph.No.26853846) as the expert to submit a report giving his opinion as to whether, given the circumstances, there will be any adverse psychological impact on the child if the custody of the child is made over to her father after having been with the relatives of the deceased mother since her mother's death. For this purpose Dr.Bhagat is requested to give his services to Court as an Amicus Curiae. Dr. Bhagat will be entitled to take the assistance of any such welfare worker as he may desire for this purpose. The advocates-on-record of both the parties must render all assistance to Dr. Bhagat. The child, the father or any other relative must appear before Dr. Bhagat as and when he may require their presence. The opinion to be submitted by 4th April, 2005. 2. The matter to come up thereafter.
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