To protect twin daughters from trauma of parental discord, court orders admission in boarding school

Putting the well-being of minor twin daughters above the legal tussle over their custody, the Punjab and Haryana High Court has intervened to shield them from the psychological impact of parental discord. Justice Sanjay Vashisth, after personally interacting with the children inside his chamber, ordered that they be admitted to a boarding school in Gurugram so that their future is not jeopardised by the hostility at home.

“Irrespective of the issue, whether custody of twin female minor children with their father is legal or illegal, this court firstly proceeded to decide the foremost and primarily concern, i.e. better future prospects of minor children amidst continued matrimonial discord of their parents,” Justice Vashisth observed.

During the hearing, the Judge noted that any further delay in arriving at a decision could adversely affect “the tender minds of the minor children, if they are allowed to be stayed in the company of either of the parents".

The judge interacted with the children in the presence of court staff to assess their understanding, intelligence and emotional state. “After establishing of rapport, certain facts were divulged by the minor children regarding the temperamental behaviour of the father and the mother, which discloses the negative impression drawn by them qua their parents,” Justice Vashisth recorded.

The impression that emerged, the Court said, was disturbing: “At times the father and the mother were/are fighting physically also in front of the minor children. Other than this, the father remains busy in his office work and usually reaches very late at home, and the mother also remains busy in her official work-from-home online on the electronic gadgets. During that time, minor children have been feeling lonely though both of them wish to stay with their parents, if they decide to unite, yet a strong picture has been developed in their minds that their parents are habitual in fighting with each other.”

To protect them from the strain of this environment, Justice Vashisth directed that the children be admitted to a school with boarding facilities mutually proposed by the parents. “The parents along with minor children shall visit the said school on the next working day from today, for completing requisite formalities of admission… Needless to say that the monthly/quarterly/yearly expenditure… shall be borne and shared by the father and the mother in the proportion as they may decide mutually, as both of them are earning well and capable to meet out the same,” the Judge ordered.

The Bench also expressed hope that the school authorities would extend full cooperation in the admission and boarding process. The Commissioner, Gurugram Division, was directed to coordinate with the school to ensure smooth compliance.

Justice Vashisth further said that the issue of visitation rights of the parents would be decided later, but until then, the children would stay in the boarding facility after their admission. For the time being, however, he recorded that the father had consented to let the mother take the children with her for two days before they rejoin for the admission process.

Leaving a window open for reconciliation, Justice Vashisth remarked: “This Court would be glad to know on the next date of hearing, if during this period good sense prevail amongst the father and the mother and they unite once again, during this period for joint living.”

The matter will now come up for further hearing on October 15.