Delhi High Court Order Deputing One Clinical Child Psychologist In Each Family Court Complex

The Delhi High Court directed its Registrar General to take necessary steps for deputing at least one Clinical Child Psychologist in each Family Court Complex, who would be in a better position to provide counselling sessions to minor children as and when required or as directed in respective cases.

A division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta said that the report submitted by the Clinical Child Psychologist on evaluation or counselling can be shared with the concerned Family Court in a sealed cover, which would enable such court to form an appropriate opinion for custody or visitation rights in custody cases.

The court noted that the assessment or counselling sessions by the Child Counsellors or Child Psychologist play an important role as the children at times are adamant to meet the other parent who does not have custody/access to meet the children.

“A counselling session/evaluation by Child Psychologist prior to exercise of visitation rights, can play an important role to make the visitation meaningful and also remove apprehensions/doubts, if any, in the mind of the child,” the court said.

Furthermore, the bench was informed that presentlyC Counsellors are deputed in the Family Courts in the national capital for assisting the parties involved in matrimonial disputes but Clinical Child Psychologist may not be available in each Family Court Complex, who would be better equipped to undertake the counselling sessions or assessment of children.

“The parties appear to be handicapped for want of assistance through Clinical Child Psychologists, who can play a major role for making visitation rights more meaningful and effective,” the court said.

The bench was dealing with an appeal filed by the husband challenging a family court order which refused to grant interim custody of the children him observed that it would not be in the interest of the minors.

Pending consideration of the appeal, the father moved an application seeking interim custody or visitation rights for the children.

Counsels for both husband and wife agreed that the welfare of the children was of utmost importance and said that the court may suitably consider the husband's application for visitation.

According, as an interim arrangement, the court granted visitation rights to the husband for meeting the children in Delhi High Court Mediation and Conciliation Centre on every working Saturday for two hours in the first instance, in the presence of the Counsellor till the next date of hearing.

“Prior to the meeting, the Counsellor at Delhi High Court Mediation and Conciliation Centre shall individually or jointly have sessions with both the children to allay their apprehensions, if any, and try to make the visitation rights more meaningful,” the court said.

It added that joint parenting is an important aspect in the budding stages of a minor child and the effort of the Court has to make the child comfortable with both the parents to ensure holistic and healthy development of the minor and strike a balance between the conflicting stand taken by the warring spouses.

The matter will now be heard on February 15, 2024.

Title: X v. Y

Citation: 2023 LiveLaw (Del) 1331

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