IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B.SNEHALATHA
Sreedhanya Bhaskaran D/o M.T. Bhaskaran – Appellant
Versus
Balakrishnan V.S. S/o Surendran V.R. – Respondent
| Table of Content |
|---|
| 1. impact of court on child's emotional state. (Para 2 , 3 , 5 , 6) |
| 2. counseling's role in custody dynamics. (Para 7 , 10) |
| 3. parental claims conflicting with child's comfort. (Para 8 , 9) |
JUDGMENT :
Devan Ramachandran, J.
1. We are certifying this judgment to be reported, not for anything novel we say, but in reiteration of something so ubiquitous that it misses attention.
2. This is yet another case where parents are fighting for custody of their child.
3. The child was produced before us; and, in him, we saw a little boy whose spirit is broken, markedly tenebrous in his comportment, seemingly depressed and without even a trace of smile on his tender lips. It took us several patient hours with him, to make him feel like child he is; to make him less scared and insecure and to finally smile.
4. His smile was radiant, pure like the first rays of light upon sunrise on a aurelian horizon.
5. After he became composed a little, the child told us, in full hearing of his parents, in a sharp tone, that he hates being paraded in Court and loathes being called again.
6. We, once again, saw the cataclysmic impact Court and legal proceedings can bring upon a tender life; and think it i
The court underscores the importance of prioritizing the child's wellbeing in custody disputes while ensuring prompt judicial review.
The court underscores the paramount importance of a child's right to spend time with both parents during custody disputes.
Custody arrangements must prioritize children's welfare and emotional needs, advocating a shift from parent-centric to a children-centric approach to ensure their best interests.
The court emphasizes minimizing trauma to children in custody disputes while affirming interim custody arrangements pending Family Court decisions.
The court affirmed that children's welfare must be prioritized in custody disputes, emphasizing the psychological impact of litigation on children and ordering minimal courtroom exposure.
The court recognizes a child's preference in custody matters and emphasizes mediation between disputing parents.
Custodial arrangements must consider children's agency and preferences, prohibiting forced interactions with estranged parents.
The court emphasized that the welfare of the child is paramount in custody disputes, and children should not be subjected to court appearances unless necessary.
The court prioritizes the child's welfare in custody matters, allowing interim custody to the mother.
The court prioritizes the child's best interests, emphasizing a stable environment free from parental conflict.
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