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Replaces '' With '' in Child Custody Cases
In a significant move aimed at redefining the language of child custody proceedings, the has directed all Family Courts in the state to use the term "" instead of "." The landmark directive came from a single judge bench of Justice Lalitha Kanneganti while hearing a writ petition filed by a mother challenging a trial court order that granted extensive custody and rights to her estranged husband.
The Case That Sparked the Change
The petitioner, Anamika Jha, and the respondent, Mayank Mrinal, have been living separately since 2017. Their nine-year-old son has not seen his father since he was three months old. Despite this, the had passed an order on , granting the father every Saturday and Sunday, 50% custody during school vacations, and 30 minutes of daily communication via WhatsApp.
'No Parent Is a Visitor'
Justice Kanneganti took strong exception to the term "
" in judicial parlance, observing that it
"carries an unfortunate suggestion that one parent is part of the child's life while the other merely visits."
The court underscored that
"no parent is a visitor in the life of a child,"
and that children should never be made to feel like a guest in their own parent's life.
Mechanical Application of
The bench also expressed concern over how subordinate courts were mechanically applying the High Court's adopted
.
"Without even referring to the facts of the case, interacting with the children, they are simply adopting the guidelines as stated in the
. This approach is not in the interest of the child,"
the court observed.
A Pragmatic Interim Arrangement
Acknowledging the child's need for parental love, the High Court stayed the Family Court's order but created a specific arrangement for the father to have
on
, between 10 a.m. and 2 p.m. The court also noted the impracticality of the 30-minute communication window, remarking that
"nobody can compel the child to sit for half an hour and speak with the father."
Directive to All Family Courts
The court ordered that henceforth, all filings and orders in Guardianship and Wards matters should use "" instead of "." The Registrar General has been directed to issue a circular to all Family Courts and other courts dealing with G&WC matters to implement this change in terminology.
The matter is next listed for hearing on .
