The welfare of the child is the primary consideration in custody disputes, and parental rights must yield to ensure a nurturing environment.

JUDGMENT

1. It is stated that parental love is the only love that is truly selfless, unconditional and forgiving, however, when the parents fight, they not only fight amongst themselves but create cracks in their children's psychological well being. This can be totally unintended, but is a harsh reality of life. The present case represents a similar circumstance.

2. The parties herein got married on 22.12.2002 and have been blessed with two children; a daughter born on 23.09.2008 and a son born on 01.12.2011. I have interacted with the parties and the children.

3. The disputes between the parties escalated in August 2015 with the petitioner accusing the respondent of having an affair with his fellow officer. The petitioner at that time, being an Army Man, was posted at Gulmarg. He took the children with him to Gulmarg, forcing the respondent to file a petition, being GP No. 75/2015, under Section 25 of the Guardians and Wards Act, 1890.

4. The present petition challenges the order dated 16.10.2017 passed by the learned Additional Principal Judge, Family Court, Tis Hazari Courts, Delhi in GP No. 75/2015, inter alia directing the petitioner herein to hand over the custody of the children to the respondent after the final examination of the children of the session 2017-18 is over.

5. Before filing the present petition, the petitioner had challenged the Impugned Order dated 16.10.2017 by way of an appeal under Section 19 of the FAMILY COURTS ACT , 1984, being MAT.APP.(F.C.) 211/2017. Vide the judgment dated 01.10.2019, the said appeal was dismissed as not maintainable. At the same time, the learned Family Court was directed to dispose of the custody petition as expeditiously as possible.

6. Before considering the submission made by the learned Counsel for the petitioner and the respondent, who appears in person, it would be relevant to quote from the Impugned Order, the reasons given by the learned Family Court for granting custody of the children to the respondent:

"13. Admittedly the respondent is an army officer and has transferable job. Although during the course of arguments it was submitted that he would be because of his family circumstances always getting the family stations in future but there is no written assurance of the department of the respondent in this regard. The allegations of adulterous relations of the wife with Col Anil Kumar Gupta and other allegations and counter allegations by the parties are questions of facts and matter of enquiry/trial and at this stage is not relevant for the decision of the interim custody application under disposal. It is submitted by the petitioner that the kids were removed to Gulmarg the place of posting of the respondent which is not a family station but was field station and from Gulmarg, Kashmir, children were brought to Bikaner in special army train which took one week. There is no denial of this submission. Now, children are with the respondent at Mohali, Chandigarh, Punjab. It means that they will stay at Mohali so long as the respondent is posted there. The parents of the respondent reside with him who a