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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B.SNEHALATHA
Daliya P – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. litigation impacts children's well-being. (Para 1 , 2 , 3 , 4 , 6) |
| 2. petitioner's claims regarding custody. (Para 7 , 8 , 9) |
| 3. children's emotional responses in custody disputes. (Para 10 , 12 , 13) |
| 4. need for a child-centric custody approach. (Para 14 , 21 , 22) |
| 5. parents must prioritize children's needs. (Para 18 , 24 , 26) |
| 6. children's desire for parental unity. (Para 25) |
| 7. agreed custody arrangements made. (Para 29 , 30 , 31 , 32 , 36) |
| 8. court orders based on children's welfare. (Para 33 , 35 , 37) |
| 9. custody evaluations prioritize children's rights. (Para 39 , 41) |
JUDGMENT :
Devan Ramachandran, J.
In the rather long stretch that this Bench has sat in this jurisdiction-being for over a year and a half, there are certain aspects that have caused us deep anguish and concern. We want to spell them out and carve a way forward, for future reference.
2. Litigation related to custody of children invariably becomes uncontrollable because of the ego and strife between their parents - creating irreparable trauma and causing manifest toll on them.
3. It is rather painful that not many parents even have the insight to comprehend what we tell them - particularly when we interac
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 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 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 underscores the paramount importance of a child's right to spend time with both parents during custody disputes.
The court underscores the importance of prioritizing the child's wellbeing in custody disputes while ensuring prompt judicial review.
Custody arrangements must prioritize the best interests of children, aligning with the parens patriae doctrine.
Custodial arrangements must consider children's agency and preferences, prohibiting forced interactions with estranged parents.
The court prioritizes the child's best interests, emphasizing a stable environment free from parental conflict.
A child's welfare is paramount in custody disputes, necessitating both parents' involvement and potential psychological intervention.
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