Frequent parent-child meetings vital for emotional growth: High Court

The Punjab and Haryana High Court made it clear that frequent and cordial meetings between a minor and his parent are vital for the child’s emotional, psychological, and social development. The court asserted that such interactions contribute to a positive and nurturing environment, which was crucial for a child’s overall well-being.

The ruling came in a case where a father filed a habeas corpus petition seeking custody of his minor son from the child’s paternal aunt. The father, the sole surviving parent following the mother’s demise, had alleged obstacles in meeting his son due to interference from the paternal aunt’s family.

The matter was placed before Justice Manjari Nehru Kaul after the child’s father approached the court claiming that his son was being held unlawfully by the aunt and other respondents. During the proceedings, the court ordered the child to appear before it on September 3 to ascertain his welfare and preferences.

In compliance with the court’s directive, the minor appeared before Justice Manjari Nehru Kaul, along with counsel for both parties. During an interaction in chambers, the child expressed a sense of comfort and happiness in the care of his aunt, with whom he has lived since he was about three. The Bench noted that he was currently studying in Class IV at a local school.

When probed about his feelings, the child indicated a clear willingness to meet his father but preferred that these meetings occur at his aunt’s residence. He suggested that visits could be scheduled for weekends or other convenient days, the court observed.

The petitioner, however, raised concerns about facing numerous obstacles in his attempts to maintain a relationship with his son.

The aunt, in response, assured the court that she would not create any hindrances during the petitioner’s visits and emphasised her commitment to fostering a relationship between father and son.

After a thorough counselling session and discussions between the parties, an amicable resolution was achieved. The court emphasized the necessity of prioritising the child’s welfare stating: “There can be no manner of doubt that frequent and cordial meetings between the child and his father would foster a positive and nurturing impact on the child’s emotional, psychological, and social development.”

The court noted that both parties had committed to putting aside their differences for the child’s benefit, creating a supportive environment essential for his growth. This cooperation is expected to significantly enhance the child’s upbringing, ensuring he receives the love and guidance from both his father and paternal aunt.

The court concluded that the renewed bond between the petitioner and respondent aunt, founded on a shared commitment to the child’s future, would bring about profound positive changes in his life. Justice Kaul disposed of the petition following the settlement with the hope that the spirit of mutual respect and cooperation would continue, providing the child with the stable and harmonious upbringing he deserves.