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This is an archive article published on February 15, 2010

Do not create ill-will against estranged spouse: HC

For the welfare of children whose parents are in an estranged relationship,the Delhi High Court has ruled that the parent with whom the child is staying should not create ‘ill-will’ against other party.

For the welfare of children whose parents are in an estranged relationship,the Delhi High Court has ruled that the parent with whom the child is staying should not create ‘ill-will’ against other party.

“It is not in the welfare of children that when the parties are estranged,the party with whom the children are staying should create ill-will against other party,” Justice Shiv Narayan Dhingra said.

Upholding a guardianship court’s December 13,2009 order asking the police to help execute its ruling which allowed a father to meet his two sons,the High Court rejected the wife’s plea that the children did not want to meet their father.

One of the child is 15 years old and the other is seven. Their mother had held that the children have grown up and do not wish to meet their father.

“Children’s welfare is the topmost priority for the guardianship court. The children need to be saved from one-sided influence of an estranged parent,” the court held.

Saying that the elder son should not be compelled to meet the father,Justice Dhingra directed the wife to allow the younger child to be with his father in accordance with the guardianship court’s order.

The court was hearing a petition filed by the woman challenging the guardianship court’s direction to husband to seek help of the enforcement agency to meet his children.

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