9/22, 07:57] Sekarreporter1: [9/22, 07:56] Sekarreporter1: *GLIMPSE OF A LATEST VERDICT* *V. Anusha Vs. B. Krishnan* A.Nos. 335 & 703 of 2021 and A.No.2011 of 2021 in O.P.No.443 of 2021 Dated: 16.09.2022 *Honourable Mr. Justice Krishnan Ramasamy* disposed the Applications in the Original Petition in the matter relating to *“Children – Custody
[9/22, 07:57] Sekarreporter1: [9/22, 07:56] Sekarreporter1: *GLIMPSE OF A LATEST VERDICT*
*V. Anusha Vs. B. Krishnan*
A.Nos. 335 & 703 of 2021 and A.No.2011 of 2021 in O.P.No.443 of 2021
*Honourable Mr. Justice Krishnan Ramasamy* disposed the Applications in the Original Petition in the matter relating to *“Children – Custody – Separation – Parental Alienation”* and observed and held as follows:
i) If the children hate their parent, due to parental alienation, it will cause mental and physical disorders which in the opinion of this Court, would certainly cause harm to the welfare of the children.
ii) If one parent is incapable to teach or persuade the children to love the other parent, then there involves a serious parental alienation. Welfare of the child is paramount consideration but being with the parent who is not ready to teach and persuade his children to love their own mother, cannot be accepted. It is incumbent upon a parent under whose custody the children are staying, to encourage co-parenting and the importance of the other parent.
iii) If the parent fails to discharge his/her said obligation, it will be construed that he/she is not capable of retaining the custody of the children.
iv) Children have a fundamental right and need for an unearthened and loving relationship with their father and mother and denying the said right of the children, would amount to child abuse/causing mental cruelty to the children.
v) Separation may be between the wife and husband, but it does not mean that children should also be separated from their own parents.
vi) The respondent, who is well educated and that too a practicing lawyer, having every knowledge about the Courts orders and the consequences of failure to comply with the same, indulged in parental alienation and disobeyed the orders passed by the Courts, discloses no respect for the rule of law.
vii) Direction – Respondent to handover interim custody to Applicant within 1 week till disposal of OP and in case of failure to hand over, Applicant at liberty to seek assistance of Asst. Comm. of Police. Custody of children in maternal grandparents home (same apartment of Respondent) for 1 month, then allowed Applicant to move to separate flat. Respondent allowed to approach Court for visitation rights, after 2 months from date of Order. Further direction to school authorities.
_“To turn a child against a parent is to turn a child against himself.”_
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