Both parents must be involved in upbringing of kids, rules Punjab and Haryana High Court
The Punjab and Haryana High Court has made it clear that both parents are required to remain actively involved in the upbringing of a minor child to avoid the onset of parental alienation syndrome (PAS). The court also made it clear that parental alienation—where a child is distanced from one parent due to psychological manipulation—can lead to long-term adverse effects on the child’s mental health and development.
The assertion came as a Division Bench of the High Court quashed a family court’s order dismissing a mother’s plea for custody of her minor daughter and son. Referring to the need for bilateral parenting where both mother and father provide affection and care, the Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma asserted that it was essential for the child’s holistic development.
In its detailed judgment, the court asserted that separating a child from one parent, particularly over an extended period, could lead to alienation and a reluctance to engage with the alienated parent, fostering resentment that could severely impact the child’s personality and future. The court also rejected the mechanical and perfunctory manner in which the family courts determined the child’s custody, based solely on the minor’s expressed desire to live with one parent. It admonished the family court concerned for failing to thoroughly assess whether the PAS had influenced the child’s preference to go with one parent.
The family courts in custody disputes must refer the matters to professional counsellors and psychologists for a deeper evaluation of the child’s mental state. “It is imperative that in custody disputes, the family courts refer the matters to professional counsellors and psychologists for a deeper evaluation of the child’s mental state. An assessment must be conducted to ascertain if Parental Alienation Syndrome has affected the child, and such a report must be provided to the Family Court to assist in rendering a more informed and holistic decision,” said the Bench. Referring to the facts of the case in hand, the court directed that a psychologist's assessment was required to be conducted to ascertain whether the PAS had affected the child before providing the report to the family court for a more informed decision.
The Bench added a mother's entry into a live-in relationship, even if deemed adulterous, should not automatically disqualify her from receiving custody of the children. Both motherly and fatherly care was indispensable. The mother's bond with her children, as their natural guardian, could not be undermined solely due to personal relationships outside of marriage.
Before parting with the matter, the court remanded the case back to the family court with directions to seek the assistance of a counsellor and psychologist to ensure the children's welfare was fully safeguarded, while ensuring that no undue interference occurs during the process.
