Archive · 2 Nov 2025
Uttarakhand HC: Child's Wishes Paramount in Custody Decisions
Imagine a child needs to decide who they want to live with.
The grown-ups at a big court in a place called Uttarakhand decided that what the child wants and how they feel is the most important thing.
A grandpa wanted his grandson to live with him, but the child said they were happy with their mom and didn't want to see grandpa.
The court listened to the child because they said it's not fair to make a child do something they don't want to do.
So, the child will stay with their mom until they grow up.
The Uttarakhand High Court emphasized that a child's wishes and mental well-being are paramount in custody and visitation cases.
The court dismissed a grandfather's appeal for custody of his grandson.
The child will remain in the care of his mother, Shivani.
The grandfather argued the family court relied solely on the five-year-old child's statement and claimed 'parental alienation syndrome'.
The child, through counseling, clearly expressed a desire to live with his mother and not meet his grandfather.
- Who
- Uttarakhand High Court, a grandfather (Gajendra Singh), a mother (Shivani), and her minor child.
- What
- The High Court upheld a family court's decision to deny a grandfather custody of his grandson, prioritizing the child's wishes and mental well-being.
- When
- The article was published on November 2nd, referencing a ruling by the Uttarakhand High Court and a previous family court decision in 2023.
- Where
- Uttarakhand High Court, Nainital; Family Court in Vikasnagar, Dehradun.
- Why
- The court ruled that a child's mental well-being and expressed wishes are paramount in custody and visitation decisions, finding it unjust to force a child against their will.
Grandfather (Gajendra Singh)
Mother (Shivani)
Basis of Decision
Grandfather (Gajendra Singh)
Argued the family court relied too heavily on the statement of a five-year-old child.
Mother (Shivani)
Presented evidence from counseling sessions where the child expressed a clear desire to stay with her.
Child's Relationship with Grandparents
Grandfather (Gajendra Singh)
Claimed the child suffers from 'parental alienation syndrome' due to the mother's influence, leading to emotional distance from grandparents.
Mother (Shivani)
The child's expressed wishes and happiness indicate a positive relationship with her and a reluctance to meet the grandfather.
- Court
- Uttarakhand High Court
- Case Type
- Custody Appeal
- Date of Ruling
- November 2, 2023 (Implied)
- Initial Decision
- Family Court, Vikasnagar, Dehradun dismissed grandfather's petition.
