Dsg vs Akg

2. The minor daughter was born on 21.08.2007, and is now over 12 years old. The child is currently residing with the Respondent – father, and is studying in Class VII in Holy Child Senior Secondary School, New Delhi.

3. On account of the marital discord between the parties, the Respondent – father filed a Guardianship Petition bearing No. G.P. 2266/2018 before the Family Court, Tis Hazari, New Delhi seeking custody of the minor daughter on the ground that the Petitioner – wife was suffering from Paranoid Schizophrenia and required treatment. On account of the mental illness, the Petitioner – wife treated the child with cruelty, and would prevent the father from meeting the child.

5. In the Guardianship Petition, the Family Court appointed Mr. Sunil Sachdeva, Counsellor to interact with the child, and submit a Report on her condition. The Counsellor submitted his Report dated 18.07.2018, wherein he has recorded that the child complained of ill­treatment by the mother. The child categorically stated that her father bestowed a lot of affection on her, and that he had not committed any wrongful act upon her. She stated that she would like to stay with her father, and wanted to be removed from the custody of her mother at the earliest.

7. On 19.07.2018, the child was referred by the Family Court to another Counsellor viz. Ms. Himali Anand. This Counsellor vide her Report dated 19.07.2018 recorded that the child made complaints about her mother and stated that she was not taking proper care of her, and would not provide her with proper food, etc. The child stated that her father was taking good care of her, and that she wanted to live with her father only.

8. On 21.07.2018, the Family Court gave custody of the child to the mother till 24.07.2018, after which the custody would be handed over to the father.

The Family Court further directed that the child would remain in the custody of the mother from Saturday (after school hours) till Monday 7 p.m., and with the father from Monday 7 p.m. till Saturday morning.

The Order dated 26.03.2019 passed by the High Court is impugned by the Petitioner – mother in the present Special Leave Petition.

24. On 10.12.2019, both the parties and the minor daughter appeared before us. We individually interviewed both the parents and the child.

Having interacted with the child, we are of the view that the minor girl is certainly capable of forming an intelligent preference regarding her custody.

We found the girl who is over 12 years of age, and is studying in Class VII to be articulate, and unequivocal about her definite desire to reside with her father. She stated that she received love and affection from her father, who was taking care of her food, education, and would assist her in her school projects and activities.

We hereby affirm the Order dated 03.05.2019 passed by the Family Court granting custody of the minor daughter to the father, and visitation rights to the Petitioner – mother as specified in the Order.

The present Order is passed at an intermediate stage of the proceedings, hence the findings recorded hereinabove are prima facie in nature.

The Special Leave Petition is disposed of accordingly.

Ordered accordingly.

Pending applications, if any, shall stand disposed of.