Gujarat High Court Condemns Family Court Order Forcing Toddler Into Lengthy Court Appearances
The Gujarat High Court has strongly criticized a family court order that required a two-and-a-half-year-old child to attend court every Thursday for six hours to facilitate visitation with his paternal grandfather. Justice J.C. Doshi overturned the order, deeming it “unfathomable” and an “inhuman approach” to a child custody dispute.
Background of the Case
The case stemmed from a plea filed by the mother of the child, challenging a September 2025 order from the Dhrol-Jodia Family Court. The original order was issued in response to a petition by the child’s paternal grandfather, who sought permanent custody of his grandson under the Guardian and Wards Act of 1890, alleging loss of access following the mother’s remarriage after the child’s father’s death. The family court had also directed the mother to celebrate the child’s birthday and observe the first death anniversary of his father within the court premises.
High Court’s Ruling and Concerns
Justice Doshi, in his ruling, expressed “utter surprise” at the family court’s approach, stating that children “are not mere chattels or playthings for parents.” The High Court emphasized that family courts must adopt a sensitive, humane, and child-centric approach when deciding custody matters. The court underscored that proceedings should prioritize the welfare and future of the minor child over the “legal victory of fighting litigants.”
The High Court specifically noted that the two-and-a-half-year-old child had become a “victim of an inhuman approach” by being made a central figure in a custody dispute. The court acts “in the capacity of parens patriae and must exercise discretion with empathy, patience and sensitivity to the emotional needs of the child,” according to the ruling.
Implications for Family Court Proceedings
This decision highlights the importance of prioritizing the well-being of children in family law cases. The Gujarat High Court’s condemnation of the previous order serves as a strong reminder to family courts to adopt a more compassionate and child-focused perspective when dealing with custody disputes and visitation rights. The ruling emphasizes that the emotional and developmental needs of the child should be paramount in all decisions.
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