Uttarakhand High Court
Gajendra Singh vs Smt. Shivani on 27 October, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Appeal from Order No.580 of 2023
Gajendra Singh ...... Appellant
Vs.
Smt. Shivani ......Respondent
Presence:
Ms. Rajni Rangwal, learned counsel holding brief of Mr. Pawan
Mishra, learned counsel for the appellant.
Ms. Ruchita Kandpal, learned counsel for the respondent.
Judgment reserved on: 06.10.2025
Judgment delivered on: 27.10.2025
Coram: Hon'ble Ravindra Maithani, J.
Hon'ble Alok Mahra, J.
Hon'ble Alok Mahra, J. (Per)
The present appeal has been filed by the appellant
against the impugned judgment and order dated 14.12.2023
passed by the Judge, Family Court, Vikasnagar, Dehradun,
whereby the petition filed by the appellant under Sections 7 and
10 of the Guardians and Wards Act, 1890, was dismissed.
2. Learned counsel for the appellant would submit that
while rejecting the petition, the learned Family Court has relied
solely on the statement of the minor child, Mast
er Akshat, who was merely five years old at the time of recording
his statement. It is contended that the said statement was given
as the child was under parental alienation syndrome and was
psychologically manipulated by the respondent.
3. In reply, learned counsel for the respondent submits
that during the pendency of the present appeal, counseling
sessions were held twice before the Court. In both such
counseling sessions, the grandson of the appellant appeared
uncomfortable while sitting with or speaking to the appellant.
Master Akshat clearly expressed that his mother is taking good
care of him, he is happy with her, and he does not wish to meet
the appellant.
4. Learned counsel for the respondent further submits
that in matters of custody and guardianship, the paramount
consideration is always the welfare and best interest of the child.
5. During the course of hearing, learned counsel for the
appellant, without pressing the main relief, alternatively prayed
that at least visitation rights be granted to the appellant to
enable them to meet their grandson.
6. After hearing learned counsel for the parties and upon
perusal of the record, this Court finds that, based on the
statement of Master Akshat and the counseling reports, the
child has clearly expressed his reluctance to go with the
appellant even for a short duration. In such circumstances,
granting visitation rights to the appellant would not be in the
welfare or best interest of the child. Moreover, in view of the
child's unwillingness to even meet his grandparents, it would be
impractical and against the child's welfare to enforce any
visitation arrangement through a judicial order.
7. The Hon'ble Supreme Court in Gaytri Bajaj v. Jiten
Bhalla, reported in (2012) 12 SCC 471, has held that when the
children have expressed their reluctance to meet or go with the
non-custodial parent, any order of custody or visitation against
their wishes would be contrary to their welfare and cannot be
judicially enforced.
8. Taking into account the aforesaid facts and the law
laid down by the Hon'ble Apex Court, this Court finds no ground
to interfere with the judgment and order dated 14.12.2023
passed by the Judge, Family Court, Vikasnagar, Dehradun.
Accordingly, the appeal stands dismissed. The impugned
judgment is affirmed. The minor child shall continue to remain
in the custody of his mother until he attains the age of majority.
There shall be no order as to costs.
(Alok Mahra, J.) (Ravindra Maithani, J.)
27.10.2025 27.10.2025
BS
BALWANT
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
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acbf28cdf4ba7ce8640c5820, postalCode=263001,
SINGH
st=UTTARAKHAND,
serialNumber=04E141DF4614F9A4D5F48346EB553DE51
85F418755DC00A7A13C14A680C3FA90, cn=BALWANT
SINGH
Date: 2025.10.28 11:24:42 +05'30'
