Do not let custody row adversely affect child: HC

Do not let custody row adversely affect child: Delhi HC

as by Utkarsh Anand : New Delhi, Thu Jan 14 2010

Concerned by the adverse impact custody rows have on children who become mere pawns in the hands of their parents, the Delhi High Court has come up with suggestions not only for couples but also for lawyers, who treat such cases as legal battles to be fought like any other court case.

The judgment, delivered by Justice Rajiv Sahai Endlaw, involved a custody row between two administrative officers, one in the Indian Administrative Services and the other in the Indian Revenue Services, over their 12-year-old child. The visitation rights granted to the girl's father was an issue of contention for the mother, while her father was aggrieved by the girl's custody given to the mother. Both had approached the High Court seeking modification in the lower court order.

Justice Endlaw, however, realised that the parents had least regard towards the impact their differences were having on the child.

"This court can only express regret at such attitude. The parents, even if having mutual differences and incompatibility, have the duty to permit the least impact on the child. The child ought to be permitted to grow with the mutual affection of both parents; the parents ought not to instigate the child against each other and/or to spite the other, ought not to attempt to show the other down in the presence of or through reference before, the child," he said.

Criticising the attitude of the parents, Justice Endlaw said they had forgotten that for the child's development, "love, affection, companionship, guidance" of both parents is essential.

"They forget that their roles as spouses and as parents are entirely different. They allow the same to merge, which can only be to the detriment of the child," he said.

Play positive role, lawyers told

The court also regretted the fact that the Bar was taking up guardianship cases just as any other fiercely contested adversarial litigation.

Calling upon lawyers to play a positive role, the High Court said, "Rather than advising their respective clients to take up accusatory and aggressive positions, they ought to apply a soothing balm to the aching hearts with which the parents reach them."

"Instead of advising their clients that the child should not meet the other parent at all, they should advise them to allow the child to meet and interact with both parents freely and also explain that such an approach bears the imprimatur of the courts. If the members of the Bar play such a constructive role there will be no need to call the children to the courts," it noted.

Passing its order, Justice Endlaw upheld the father's visitation rights in the case and advised the couple that their focus should be to maintain a peaceful environment for the child in both homes to allow full cognitive development.

Source-http://archive.indianexpress.com/news/do-not-let-custody-row-adversely-affect-child-hc/567115/0

Court service notices could be sent through e-mails: Delhi HC

Court service notices could be sent through e-mails: Delhi HC

link to the administrative Del HC notices

http://delhihighcourt.nic.in/Notifications/Notifications_Part175.PDF

http://delhihighcourt.nic.in/Notifications/Notifications_Part176.PDF

PTI | 09:09 PM,Sep 14,2010

New Delhi, Sep 14 (PTI) In a major effort to make litigations computer-friendly, the Delhi High Court has said notices to litigants could now be sent through e-mails as well.

In pursuance of the recent Supreme Court directives, the High Court said lawyers, who want their petitions to be heard on urgent basis, can get in touch with opposite parties through Internet.

In the case of filing of a fresh petition, the lawyers send the copy of the plea along with the court notices to the parties, to be sued, either by the registered post or by the court-approved couriers services.

"The Supreme Court... has directed that in commercial litigations and in those cases where the advocates seek urgent interim relief, service of the notices may be effected by e-mails, in addition to normal mode of service," the High Court said in an administrative order.

The High Court has asked the lawyers to provide soft copies of the petitions, in addition to the hard copy along with e-mail addresses of the parties at the time of filing the plea.

The copy of the order, issued by Rakesh Kapoor, Registrar General of the High Court, has been sent to various authorities including the nine district judges of the trial courts of the national capital.

http://ibnlive.in.com/generalnewsfeed/news/court-notices-could-be-sent-through-emails-delhi-hc/320320.html