Prioritise children's feelings, don't commodify, says Madras High Court

CHENNAI: The Madras High Court has stated that under no circumstances should minor children be treated by parents as commodities. Their feelings and preferences must be given priority.

Due to differences of opinion, a husband filed for divorce before the Chennai Family Court. While the case was still pending, both the husband and the wife filed petitions before the High Court seeking custody of their 11-year-old twin boys.

A single judge who had heard the case interacted with the children and ordered that they should stay with their mother from Monday to Friday and with their father on Saturday and Sunday.

The husband had challenged this order by filing an appeal, which was heard by a bench of Justices SM Subramaniam and Mohammed Shaffiq.

The judges summoned the two children and interacted with them. Both children expressed that they wished to live with their mother, stating that their father and his family were emotionally abusive.

Accepting their views, the judges ordered that the two children be handed over to their mother. They also directed the father to bear the expenses related to the children's education and other needs.

In their order, the judges further stated that minor children should never be treated as objects by either parents or courts. When custody matters come before the court, the children's feelings, mental well-being, and future must be given utmost consideration.