Brief Analysis of Supreme Court Judgment: Col. Ramneesh Pal Singh v. Sugandhi Aggarwal (Parental Alienation Syndrome)

Facts and Background:

The marriage between the parties was solemnized in 2002. However, in 2015, the wife left her matrimonial home for one night. When she returned the next day, she found that her husband had moved to Gulmarg, Jammu and Kashmir, with their two minor children. The wife then filed a petition under Sections 7, 9, and 25 of the Guardian and Wards Act, 1890, before the Family Court in Delhi, seeking custody of the minor children. Meanwhile, the husband filed a similar petition before the Family Court in Bikaner, Rajasthan, which was later transferred to the Delhi Family Court.

The Family Court granted permanent custody of the minor children to the husband and provided visitation rights to the wife.

The order stated:

 "16.1 In view of the aforesaid discussion, it is directed that the permanent custody of minor children SSU and SSH shall remain with the respondent husband. However, the petitioner wife shall be entitled to have interaction with the minor children daily through audio-video call for half an hour, between 7:00 PM to 8:00 PM. The respondent shall facilitate the said call. She shall also be entitled to visit the minor children and take them out with her from 10:00 AM to 5:00 PM, on every second and fourth Sunday, at the station, where the minor children are staying, subject to their school/educational commitments. She can pick up the children from their residence at 10:00 AM and drop them back at 5:00 PM. If it is not possible to have visitation on any such day, it shall be compensated on the next Sunday i.e., third or fifth/first Sunday. Further, during the summer vacations and the winter vacations in the school(s) of the minor children, the petitioner shall be entitled to have the custody of the minor children for ten days and five days respectively. Such days can be mutually decided by the parties. Accordingly, the petition filed by the petitioner for seeking custody of the minor children SSU and SSH is dismissed, subject to contact/visitation/custody rights of the petitioner as aforesaid."

The respondent-wife appealed under Section 19 of the Family Courts Act, 1984, before the High Court, challenging the Family Court's order. The Division Bench of the High Court, after interacting with the minor children, found that they preferred to stay with their father. However, considering the case to be one of Parental Alienation Syndrome, where the minor children are influenced against the other parent (in this case, the respondent wife), the Division Bench granted shared custody of the children.

What is Parental alienation Syndrome?

It is a strategy whereby one parent intentionally displays to the child unjustified negativity aimed at the other parent. The purpose of this strategy is to damage the child's relationship with the other parent and to turn the child's emotions against that other parent.

The order was challenged in a Special Leave Petition (SLP). The Supreme Court allowed the appeal, setting aside the High Court order and confirming the Family Court order. The Supreme Court observed that the High Court had proceeded on an unsubstantiated assumption—that allegations of parental alienation could not be ruled out—despite the absence of any identified instances of 'alienating behaviour' by any court. The material on record demonstrated that (i) the minor children were aware of the blame game between the parties; and (ii) the minor children did not have unbridled and prejudiced emotions towards the respondent.

Observations and Findings by the Supreme Court:

1. The controlling consideration governing the custody of children is their welfare, not the rights of their parents.
   

2. Courts should not prematurely and without identification of individual instances of 'alienating behavior' label any parent as a propagator or promoter of such behavior. Such labels have far-reaching implications and should not be routinely attributed to an individual parent.
   

3. Courts must endeavor to identify individual instances of 'alienating behaviour' to invoke the principle of parental alienation and to overcome the preference indicated by the minor children.