Men Rights India

Men Rights, Man Sense!

  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts
You are here: Home » Do not let custody row adversely affect child: Delhi HC

Do not let custody row adversely affect child: Delhi HC

18 Feb 2010 By videv 1 Comment

Delhi High Court had recently to explain to lawyers in a child custody/visitation case about their role and responsibility.

Read the news below (emphasis shown is mine):

http://www.indianexpress.com/news/do-not-let-custody-row-adversely-affect-child-hc/567115/0

New Delhi:

Concerned by the adverse impact custody rows have on children who become mere pawns in the hands of their parents, the Delhi High Court has come up with suggestions not only for couples but also for lawyers, who treat such cases as legal battles to be fought like any other court case.

The judgment, delivered by Justice Rajiv Sahai Endlaw, involved a custody row between two administrative officers, one in the Indian Administrative Services and the other in the Indian Revenue Services, over their 12-year-old child. The visitation rights granted to the girl’s father was an issue of contention for the mother, while her father was aggrieved by the girl’s custody given to the mother. Both had approached the High Court seeking modification in the lower court order.

Justice Endlaw, however, realised that the parents had least regard towards the impact their differences were having on the child.

“This court can only express regret at such attitude. The parents, even if having mutual differences and incompatibility, have the duty to permit the least impact on the child. The child ought to be permitted to grow with the mutual affection of both parents; the parents ought not to instigate the child against each other and/or to spite the other, ought not to attempt to show the other down in the presence of or through reference before, the child,” he said.

Criticising the attitude of the parents, Justice Endlaw said they had forgotten that for the child’s development, “love, affection, companionship, guidance” of both parents is essential.

“They forget that their roles as spouses and as parents are entirely different. They allow the same to merge, which can only be to the detriment of the child,” he said.

Play positive role, lawyers told


The court also regretted the fact that the Bar was taking up guardianship cases just as any other fiercely contested adversarial litigation.

Calling upon lawyers to play a positive role, the High Court said, “Rather than advising their respective clients to take up accusatory and aggressive positions, they ought to apply a soothing balm to the aching hearts with which the parents reach them.”

“Instead of advising their clients that the child should not meet the other parent at all, they should advise them to allow the child to meet and interact with both parents freely and also explain that such an approach bears the imprimatur of the courts. If the members of the Bar play such a constructive role there will be no need to call the children to the courts,” it noted.

Passing its order, Justice Endlaw upheld the father’s visitation rights in the case and advised the couple that their focus should be to maintain a peaceful environment for the child in both homes to allow full cognitive development.

I think the best way to avoid problems for children in custody cases would be that if a spouse/lawyer is taking too aggressive a stance in denying visitation/custody to other spouse, then the lawyer should be fined by court for contempt.  Of course we don’t mean to say we love the way contempt of court is used in India to shut off all opposing comments on judgments and judges.  But it is lawyers who need to be reined in who give false assurances and instigate spouses into taking hard stances and engaging in a war against other spouse.

Links to Free eBooks

1. Download my free PDF eBook Surviving the Legal Jungle

2. Read this FREE eBook written by fathers involved in child custody issues (Read Online)(PDF book)

Links to Paid eBooks

1. How to Fight and Reduce Maintenance under CrPC 125 and DV Act.(Kindle eBook version)

2. How to Fight and Reduce Maintenance under CrPC 125 and DV Act (Print Paperback)

3. Self-study Book on Divorce for Men (Kindle Only)

4. Alimony and Maintenance under Hindu Law (Kindle)

5. Alimony and Maintenance under Hindu Law (Print Paperback)

Related Posts

  1. Custody of child: Mumbai HC judgment

Filed Under: Uncategorised Tagged With: Child_Custody_Visitation, HC Judgment, Lawyers

Comments

  1. Anonymous says

    March 24, 2010 at 5:13 am

    who has ever followed the judgements.. they remain on papers.. poor country

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Call Men Rights India numbers For 498A/406/Dowry Case/DV/Maintenance/child custody-visitation/abusive-wife/false cases, CALL volunteers' phone lines (for quick guidance only):
(Be respectful to volunteers, & we don't advise on divorce)

1. Kannada/Hindi/English: +919738010456
2. Tamil/English: +919962514226

Join our WhatsApp/Facebook groups for FREE guidance/discussion

Join Our Telegram Channel for FREE updates

Social

Facebook
Twitter
YouTube
Instagram

Search this website

Important/Must Read/Permanent Posts

  • How to assess your false case and marriage breakup probability
  • How to take action against police or magistrate for 498A arrest without following CrPC 41 41A?
  • Why Indian men should be very careful in filing divorce
  • What to do if CAW cell/police/advocate is putting pressure to compromise
  • Innocent until proven guilty is the law, use it!
  • Advice to men on 498a, maintenance, DV, divorce, child custody, what else
  • How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases
  • How to fight false cases of DV, Maintenance, CrPC 125, 498a etc
  • How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Notes and questions on court procedures
  • What should be my stand in court?
  • Understanding the divorce industry in India

Book: How to Fight and Reduce Maintenance under CrPC 125 and DV Act


Buy Print book

(Buy Kindle eBook edition here)

(Information about the Book)

Today’s Popular Posts

  • Section 41, 41A, 41B of CrPC which govern arrest by…
  • 498a and maintenance: lose your illusions
  • Why Indian men should be very careful in filing divorce
  • How to file objections/written statement to…
  • Men ki Baat – Counselling, Discussion of…
  • Procedure of CAW (Crime against women) cell
  • How to complain against judges of trial courts, High…
  • How to handle allegation of impotence by wife
  • How to fight false cases of DV, maintenance, CrPC…
  • 25% (or 50%) of husband’s salary is…

Tags

498A Activism Arrest Child Support Child_Custody_Visitation Commando Gyan Commando Strategy Commando Techniques CrPC CrPC 125 Cruelty Divorce Domestic Violence Industry Dowry DV Act Judgments Evidence False Case False Rape Family Law Feminazis Feminist Figures Feminist Propaganda Fight Back HC Judgment Hindu Marriage Act HMA 24 Law Making Law Misuse Laws Legal Info live-in Maintenance Marriage Men Rights NCW NRI Police Press Release PWDVA(DV Act) Rape RTI SC Judgment Supreme Court WCD Women Reservation Bill

The Benefits of Reading Men Rights India!

before reading MRI
Before


after reading MRI
After

email: I am facing false DV case. I love your blog. It really have me boost to fight this case and I feel so happy that you guys are doing such a commendable work.


comment: Your survey is 100 % true. whatever is written in this blog matches more than 90 % of my marriage life situation.


comment: The Article is really great, it’s actually happening in my life. whatever is mentioned here is the tactics are used by my wife and still going on….


comment: This is a very good article, and some points mentioned here are the real reasons males are threatened to shell out the maintenance amount


comment: This document is very help for me,becoise i am sufring for false dowry case and fiting for them.so thank for to u.


comment: The web content is very useful for its diversity and especially for atrocities committed upon men, emitting a clarion call for them to rise and defend their rights and hood.


comment: Thanks you People doing very may allah grant you Success. Ameen.


comment: This is very helpful. Thanks a lot. Your work is really a morale booster..
Search judgments at Bharat Law
Read judgments at Bharat Law
IPC 498A Judgments
IPC 406 Judgments
DV Act Judgments
CrPC 125 Judgments
Child Custody Judgments

Author on Facebook

Vivek Deveshwar

Free eBook: Surviving the Legal Jungle

Surviving-the-Legal-Jungle-Cover-Image

Featured Posts

Analysis of provisions for punishing false cases/allegations and false evidence in IPC and CrPC

28 Feb 2016 By videv 10 Comments

Various HC approve Child Access & Custody Guidelines along with Parenting Plan

25 Jan 2016 By videv 26 Comments

How to safeguard from false cases by wife–Part 1

15 Apr 2016 By videv 16 Comments

How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases

3 Nov 2014 By videv 21 Comments

Income of parents not allowed to calculate maintenance

20 Jul 2010 By videv 2 Comments

Equality for Men – Myth or Reality?

Download IMD handbook
Download IMD handbook

Recent Comments

  • videv on How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • P2 on How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Child visitation monitor New Haven on Strategy for Child Custody for Men
  • videv on How to complain against judges of trial courts, High Courts, and Supreme Court?
  • Kartiken on How to complain against judges of trial courts, High Courts, and Supreme Court?

RSS Feeds

  • All Posts
  • DV Act Judgments
  • Maintenance CrPC 125 Judgments
  • 498A Judgments

Archives

Copyright © 2009-2020 · Vivek Deveshwar · Privacy Policy
  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.OkPrivacy policy