Delhi HC says child custody cases must be decided on welfare, not by rewarding disobedience of judicial orders
New Delhi, July 3 -- The Delhi High Court has observed that courts cannot permit a litigant to derive legal advantage from deliberate disobedience of judicial orders, stressing that the doctrine that a child has become "settled" in a particular country cannot be invoked to reward continued non-compliance with a binding judicial direction.
The Court held that allowing such a plea would undermine judicial discipline, encourage forum shopping and incentivise parents to evade adverse custody orders by creating a fait accompli across international borders. A Division Bench observed that in matters concerning children, the welfare of the child is the paramount consideration and must remain the "North Star" guiding every judicial decision.
The...
Click here to read full article from source
To read the full article or to get the complete feed from this publication, please
Contact Us.