Parent Alienation Syndrome vis-à-vis Child Custody Dispute: SC

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,” .

Also, they have discussed the psychological impacts of PAS on the children with reference to one of the case laws where it was held that:

1. The loyalty of the child is affected which cannot be won and no matter whatever the choice may be the child is bound to feel the guilt and ambiguity upon choosing the parent. Wherein the child wishes to continue to relation with the parents separately even after the separation.

2. Also, the child may feel it difficult to make a shift to assess the reality. Usually one of the parents get the blamed for all the problems and as someone with none of the positive characteristics both of these impacts the child by deviating the impression on one of the parent in reality.

Also, it was explained that, the Child custody is not a issue which could be decided on the basis of precedents, statutes or as any other case but the “welfare” of the child is the major concern to be kept in mind while pronouncing the guardianship. It is stated that utmost importance should be given to the child’s ordinary comfort, contentment, health, education, intellectual development and favourable surroundings. But over and above physical comforts, moral and ethical values cannot be ignored.

Hence it was stated in the light of Lahari Sakhamuri (Supra); and Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari, (2019) 7 SCC 42 it was held that a

(i) the socio economic and educational opportunities which may be made available to the Minor Children;

(ii) healthcare and overall wellbeing of the children;

(iii) the ability to provide physical surroundings conducive to growing adolescents but also take into consideration the preference of the Minor Children.

Hence, it was concluded by the Supreme Court that, the custody and guardianship of the child should be considered not only based on choice of the child but also the “welfare” of the child. Also, the courts should not jump to conclusions without identifying the individual contentions and declare them as the perpetrator of the PAS.