Family Law, Custody Dispute, Parental Alienation Syndrome (PAS)

• The Supreme Court overturns a decision by the High Court of Delhi regarding custody of minor children, emphasizing the paramountcy of the children's welfare.
• A comprehensive analysis considers various factors including socio-economic opportunities, healthcare, stability, and the children's preferences.
• The Court addresses the issue of Parental Alienation Syndrome (PAS), stressing the need for courts to identify specific instances of alienating behavior before attributing such allegations to a parent.
• Despite the children's preference to reside with the father, the Court emphasizes that such preference alone cannot determine custody, but must be considered alongside other factors.
• Allegations of PAS in the case are found unsubstantiated, with the Court criticizing the High Court's reliance on such claims without evidence.
• The Supreme Court affirms custody with the father while granting visitation rights to the mother, highlighting the importance of parental cooperation and mutual respect in implementing custody arrangements.

1. Introduction:

   • Emphasizing the welfare of minor children as the primary concern in custody disputes.

2. Holistic Approach to Custody Determination:

   • Advocating for a comprehensive approach considering various factors including socio-economic opportunities, healthcare, and stability.

3. Interaction with Minor Children:

   • Recounting instances where the minor children expressed a preference to reside with the father.

4. Preference of Minor Children:

   • Acknowledging the significance of children's preferences while emphasizing that custody decisions must consider multiple factors.

5. Considerations of Welfare:

   • Discussing concerns raised regarding the father's employment in the armed forces and its impact on the children's welfare.

6. Allegations of Parental Alienation Syndrome (PAS):

   • Examining allegations of PAS and stressing the need for courts to identify specific instances of alienating behavior.

7. Legal Precedents and Foreign Jurisdictions:

   • Citing legal precedents and recent rulings regarding PAS, highlighting the evolving understanding of the phenomenon.

8. Evaluation of Allegations:

   • Finding allegations of PAS unsubstantiated and criticizing the High Court's reliance on such claims without evidence.

9. Conclusion and Directions:

   • Overturning the High Court's decision, affirming custody with the father, and granting visitation rights to the mother while emphasizing parental cooperation in custody arrangements.