Case Law Details
Col. Ramneesh Pal Singh Vs Sugandhi Aggarwal (Supreme Court of India)
Background: The concept of separation is indeed a tragic turn in any couple’s life. It is even worse in case of a couple bearing children as it impacts the life and relation of the child with their parents as well. In this context, the Apex Court of the country laid down the concept of the Parent Alienation Syndrome (PAS) in the light of Child custody dispute.
The main concept of PAS is a syndrome where one parent, with the child’s custody exists, creates and promotes the feeling of disliking and disaffection against the other parent on the child influencing his mind to have preference of only on parent during the litigation in court for the custody.
Analysis and Conclusion:
The Apex Court discussed this concept through quoting some important case laws delivered by the English court i.e., the High Court of Justice Family Division in Re C (‘parental alienation’; instruction of expert) [2023] EWHC 345 (Fam). which held that: “Parental alienation” is not a syndrome capable of being diagnosed, but a process of manipulation of children perpetrated by one parent against the other through, what are termed as, “alienating behaviours”. It is, fundamentally, a question of fact,” .
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