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Justice Krishna Dixit of Karnataka High Court today remarked that when there is a battle for custody of a child between two parties, the court assumes the role of a parent.

The Judge said that it is prudent to consider what is best for the child in such circumstances.

He further remarked,

 “If God and a child come to meet me, I will ask God to wait and interact with the child.”

The court was hearing a peculiar case wherein parents of a child had jointly sought his custody. The boy currently lives with his grandparents.
According to what transpired in the court and as per the orders available on the website, the child has been in the custody of his maternal grandparents for over four years, since the parents moved abroad for professional purpose. The parents who had evidently returned to India sought for custody, however the same led to a dispute.

The High Court had in 2021 on taking the assistance of  the Child Development Officer, held an in camera proceeding to ensure that the parties interact with the child. On them interacting, the court passed the following directions

1.  For the time being, the custody of child will continue with the grand-parents, who have been admittedly looking after him since about four years or so;
2.  Parents of the child are permitted and encouraged to visit the place of grandparents  at all reasonable times, with a prior telephone call, and spend time & interact with the child, keeping in view its moods & condition.
3. Similarly, the grandparents along with the child and its aunt are permitted and encouraged to visit the place of the parents with prior intimation so that emotional proximity between the child and its parents is garnered.
4. During the visitation, the parents, grandparents and the aunt of the child shall adhere to COVID-19 precautionary norms & restrictions; no scope shall be given for the happening untoward incidents.
5. No police or any other official shall interfere with the affairs of these two families ie., one of the parents and the other of grandparents without the permission of this Court, even if any of them seeks intervention in relation to child custody or allied matter.
6. It is placed on record that all parties have exchanged their mobile phone numbers and undertake to respond to the phone calls; it is open to the parents to interact with the child through mobile video call and the grandparents & aunt shall co-operate with the same.
7. Any violation of the aforesaid directions shall be viewed seriously and the violators may be penalized by way of deprivation of custody rights and visitation rights.”

The matter came up for hearing today as the parents sought for permanent custody of the child in order to shift the child to a better school for education. The court heard both the parties in person and encouraged that the parents interact with the child in the presence of the grandmother. Justice Dixit further made it clear that granting of custody will be an eventual process as the child’s overall development must be kept in mind and a child psychologist’s assistance is necessary for the transition. He said “Since the court assumes the role of the child’s parent, it must look into the overall welfare of the child while passing any orders.”

Prior to adverting to in camera proceedings again, Justice Dixit encouraged the parents to take the child out for a meal and interact with it.