The High Court directed the parties to be present in court personally with the child.
It then observed that when the child was produced, he displayed signs of distress and kept close to his mother and insisted on not wanting to be with his father.
After a thorough analysis of the facts and the present condition of the child, the Court observed that mutual agreement between the parties cannot be the basis to uphold custodial rights of parents.
When circumstances relating to the child’s well-being is in question, custodial orders can be subjected to modification, the Court underlined.
It also held that each case has to be decided on its own facts while considering the moral and ethical welfare of the child and the doctrine of res judicata would not always apply to child custody matters.
Source: Barandbench
