38.6c New Delhi, India, Thursday, October 09, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Supreme Court warns against hasty accusations of Parental Alienation Syndrome [Read Judgment]

By Jhanak Sharma      09 May, 2024 03:50 PM      0 Comments
Supreme Court Warns Against Hasty Accusations of Parental Alienation Syndrome

NEW DELHI: The Supreme Court has said no parent should be accused of acting as a propagator or potential promoter of 'parental alienation syndrome' in child custody matters since it is a thoroughly convoluted and intricate phenomenon that required serious consideration and deliberation.

A bench of Justices Vikram Nath and Satish Chandra Sharma set aside the Delhi High Court's order which overturned the family court's judgment which granted permanent custody of two minor children to the father, a serving Army officer.

The top court noted that the High Court proceeded on an unsubstantiated assumption i.e., that allegations of parental alienation made by the mother could not be ruled out, despite the stark absence of any instances of 'alienating behaviour'.

"It is our considered opinion that courts must endeavour to identify individual instances of alienating behaviour in order to invoke the principle of parental alienation so as to overcome the preference indicated by the minor children," the bench said.

In the case, the bench recorded two minor children,15-year-old daughter and 12-year-old son, expressed their unwavering and strong desire to continue to reside with the appellant father in their interactions before all the courts including the top court. They had remained with the father since 2015 at various places of his postings.

After interacting with the children, the bench said, "We found the minor children to be intelligent, confident, cognisant of the pros and cons of their decisions and most importantly content and happy. During our interactions with the minor children, despite probing the issue of guardianship on more than one occasion, the minor children categorically stated that they were happy and wished to reside with their father only i.e., the appellant."

The bench also pointed out in the case, the children are cognisant and aware of the blame game being played inter se the parties and they did not foster unbridled and prejudiced emotions towards the mother.

The mother, working as a teacher, claimed prolonged period of separation has subconsciously influenced the children. Her counsel termed the present case as a classic case of parental alienation syndrome (PAS).

"In our considered opinion, recognising and appreciating the repercussions of PAS certainly shed light on the realities of long drawn and bitter custody and divorce litigation(s) on a certain identified sect of families, however, it is equally important to remember that there can no straitjacket formula to invoke the principle," the bench said.

The bench said courts ought not to prematurely and without identification of individual instances of alienating behaviour, label any parent as propagator or potential promoter of such behaviour. The label has far-reaching implications which must not be imputed or attributed to an individual parent routinely, it said.

The High Court, however, has failed to appreciate the intricacies and complexities of the relationship between the parties and accordingly, proceeded to entertain allegations of PAS on an unsubstantiated basis, it said.

In the child custody matters, the bench said the desire of preference although in itself cannot be determinative of custody of the children, but it must be given due consideration on account of it being a factor of utmost importance.

A holistic and all encompassing approach, including the socio economic and educational opportunities for the children; healthcare and overall well being; the ability to provide physical surroundings conducive to growing adolescents, should be adopted, the court said.

The mother also claimed the nature of employment of the father posed a challenge in the upbringing and welfare of the children.

Rejecting the contention, the bench said, "We find ourselves unable to subscribe to the view, as we find that the Indian Armed Forces provides a robust support system to the kin of its officers so as to ensure minimal disruption in the lives of the civilian members of an officers family."

[Read Judgment]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

pmla-appellate-tribunal-orders-immediate-release-of-seized-bmw-x7-in-hemant-soren-land-scam-case
Trending Crime, Police And Law
PMLA appellate tribunal orders immediate release of seized BMW X7 in Hemant Soren land scam case [Read Order]

PMLA tribunal orders ED to release seized BMW X7 in Hemant Soren land scam case, citing lack of proof linking the luxury car to money laundering.

08 October, 2025 08:06 PM
offence-under-category-of-upholding-family-prestige-sc-orders-release-of-man-on-remission
Trending Judiciary
'Offence under category of upholding family prestige,' SC orders release of man on remission [Read Judgment]

SC orders immediate release of life convict who served 22 years for a murder committed to uphold family honour, citing Maharashtra remission guidelines.

08 October, 2025 08:19 PM

TOP STORIES

allahabad-hc-refuses-interim-protection-to-sambhal-mosque-asks-petitioners-to-approach-appellate-court
Trending Judiciary
Allahabad HC Refuses Interim Protection to Sambhal Mosque, Asks Petitioners to Approach Appellate Court [Read Order]

Allahabad High Court refused interim protection to Sambhal mosque, directing petitioners to seek remedy before the appellate court under UP Revenue Code.

06 October, 2025 04:48 PM
calling-off-marriage-after-courtship-not-a-crime-or-breach-of-promise-delhi-hc
Trending Judiciary
Calling Off Marriage After Courtship Not A Crime Or Breach Of Promise: Delhi HC [Read Order]

Delhi High Court grants bail, ruling that ending marriage plans after courtship is not a breach of promise or offence under false promise to marry.

06 October, 2025 05:03 PM
celebrating-bail-on-social-media-not-ground-for-cancellation-without-specific-threat-to-complainant-delhi-hc
Trending Judiciary
Celebrating Bail On Social Media Not Ground For Cancellation Without Specific Threat To Complainant: Delhi HC [Read Order]

Delhi HC rules that celebrating bail on social media isn’t grounds for cancellation unless a specific threat or intimidation is proven.

06 October, 2025 05:25 PM
woman-cannot-claim-maintenance-after-securing-rape-conviction-against-live-in-partner-jammu-and-kashmir-hc
Trending Judiciary
Woman Cannot Claim Maintenance After Securing Rape Conviction Against Live-In Partner: Jammu & Kashmir HC [Read Order]

J&K High Court held that a woman who secured a rape conviction against her live-in partner cannot claim maintenance under Section 125 CrPC.

06 October, 2025 06:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email