The welfare of the child is the paramount consideration in custody matters, and the Court emphasized the need for mediation, counselling, and visitation rights for both parents.

JUDGMENT :

A. GENESIS OF PRESENT WRIT OF HABEAS CORPUS

1. Corpus, a seven years old boy, has approached this Court through his mother, Smt. Ashi Verma, alleging that Corpus was kidnapped by her husband, Gaurav Verma (Respondent-3) on 02.06.2022 taking advantage of good gesture shown by mother of Corpus to allow him to meet with Corpus. Respondents-4 and 5 are father and mother of Respondent-3, who are supporting her husband and they have misbehaved with her when she alongwith Police personnel went to their place to recover the Corpus. Hence, to recover the Corpus, present Habeas Corpus Petition is filed.

B. COURT'S INTERACTION WITH CORPUS

2. The Corpus is presently staying with his father who appeared before this Court on 16.09.2022 when this Court has interacted with him and brief of the same is mentioned in the order dated 16.09.2022, when after hearing counsel for parties judgment was reserved. For reference the relevant part of said order is mentioned hereinafter :

"1. The Corpus (a 7 years old boy) appeared before this Court alongwith his father. The Court itself interacts with boy in a very cordial atmosphere. The boy is in joyable mood and enjoying Court proceedings for past an hour and responds to informal interaction in very respectful manner. He answers wisely to some general knowledge questions. The boy has no complaint with his father, though he has some minor issues with his mother and conversation ends with mature observation by Corpus that he wants to live happily alongwith his mother and father, both and agreed to a suggestion of the Court that he will hold hands of his Mummy and Papa to live happily together as a family."

C. INTER-PARENTAL CONFLICTS; ITS' EFFECT ON CHILDREN

3. "Inter-Parental Conflict and Children's Psychological Development" are now also termed as "Child Affected by Relationship Distress". It remained an important subject for research scholars and various research papers are available on research related website which have considered "loyalty conflict", "parental alienation" etc. Few of them alongwith their conclusion/observation are referred hereinafter:

I. IRE JOURNALS (ISSN 2456-8880); December, 2021: Effects of Inter-Parental Conflict on Children's Social Well-Being and the Mediation Role of Parenting Behaviour-Author Stephanie Hess-In this paper the author after research come to the conclusion "study overall provides empirical evidence for the negative impact of inter-parental conflict on children's social well-being through a cascade of negative behavior within the family environment that spills over to the school environment. Children of parents who have frequent inter-parental conflicts perceive their mothers and fathers to be less warm and to communicate more negatively, which, in turn, leads to more peer problems and less pro-social behaviour in those children."

II. The Journal for Child Psychology and Psychiatry, Volume 59, Issue 4, Page 374-402: Annual Research Review: Inter-parental Conflict and Youth Psychopathology: An Evidence Review and Practice Focused Update; Authors Gordon T. Harold, Ruth Sellers: The Authors after study observed, "review highlights that frequent, intense, poorly resolved, and child-related inter-parental conflict adversely affects long-term emotional, behavioural, social, academic development, and future intergenerational/interpersonal relationship behaviours for youth."

III. International Journal of Scientific Engineering and Research (IJSER), Volume 7, Issue 3, March 2016: Effect of Parent's Conflict on Children: Author Khoolud Alamoudi-The conclusion of paper is that, "in conclusion, parents' conflicts damage children in many aspects, three of which are physical, psychological, and psychical effects. The impact of parents' conflicts could follow children until they grow up."

D. RIVAL SUBMISSIONS

4. Sri Sarvesh, learned counsel for petitioner and Sri Mahesh Narain Singh, Advocate for Respondents-3 to 5, have vehemently presented the case of their parties. There wer