The Supreme Court, saying the interest of a child's development should be held paramount in any custody matter relating to a divorce suit between estranged couples, has held that no rigid conditions could be laid in a divorce agreement about a child's custody in view of his or her future development.
The trial court which grants a divorce to the separating husband and wife has the power under Section 26 of the Hindu Marriage Act to change the conditions in a divorce agreement from time to time to protect the interests of the child, the court's highest court said.
While amending conditions, including the father's right to visit the child, the trial court could even take into consideration the views of the child if he or she is of an age to be able to understand issues in the right perspective, an SC bench held.
"The (child) custody orders are always considered interlocutory, and by nature of such proceedings they cannot be made rigid and final, and are capable of being altered and moulded keeping in mind the needs of the child," the court said.
Source : http://www.deccanchronicle.com/chennai/don%E2%80%99t-set-rigid-terms-child-custody-sc-844
The trial court which grants a divorce to the separating husband and wife has the power under Section 26 of the Hindu Marriage Act to change the conditions in a divorce agreement from time to time to protect the interests of the child, the court's highest court said.
While amending conditions, including the father's right to visit the child, the trial court could even take into consideration the views of the child if he or she is of an age to be able to understand issues in the right perspective, an SC bench held.
"The (child) custody orders are always considered interlocutory, and by nature of such proceedings they cannot be made rigid and final, and are capable of being altered and moulded keeping in mind the needs of the child," the court said.
Source : http://www.deccanchronicle.com/chennai/don%E2%80%99t-set-rigid-terms-child-custody-sc-844
Divorce can be traumatic on family, and children often bear the brunt of the stress. Subsequent child custody battles between you and your ex can prolong the discomfort and be devastating for a child.
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