Every child has got a right to get better life as enunciated in the Indian Constitution: Madras High Court

child custody

MADRAS: In the recent case judgment, The Madras High Court has observed that while dealing with custody of minor children under the Guardians and Wards Act, its the duty of the Courts to make sure that minor children are protected and their interests, vision, and wishes are preserved to the maximum possible extent, giving them a better life.

A Bench comprising of Justices SM Subramaniam and Sathya Narayana Prasad held that custody matters of minor children have to be decided expeditiously by the courts. If the decision of the court is delayed, it may lead to prolonged harassment of the minor children.

The Court said, “A good family alone can create a good nation. Every child has got a right to get better life as enunciated in the Indian Constitution. Right to life includes a decent life and not mere animal life. The life of minor children has to be protected by all concerned. It is the duty of Courts to ensure that minor children are protected and their interests, vision and wishes are preserved to the extent possible to provide them a better future as it is the mandate of the State under the Constitution.”

In the recent case, the couple got divorced by the Mutual Consent, in this case, The appellant submitted that the respondent forcibly took their two minor daughters away from the appellant to the residence of his sister and further prevented the appellant from visiting the children.

The Court said To form a proper opinion, the court thought it necessary to examine the children. When the children were brought before the court, they started crying spontaneously and informed the court that they did not want to go with the father.

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(MARCH – APRIL 2022)

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