The Uttarakhand High Court has ruled that the wishes and mental well-being of a minor must take precedence when courts decide matters of custody and visitation.

A division bench of Justice Ravindra Maithani and Justice Alok Mahara dismissed an appeal filed by Gajendra Singh, who sought custody of his grandson, and upheld the family court’s decision allowing the child to remain in the care of his mother, Shivani.

Singh had approached the High Court challenging the 2023 order of the Vikasnagar family court, which had denied him custody. He argued that the lower court had relied solely on the statement of the child, who was only five years old at the time, and claimed that the boy was suffering from “parental alienation syndrome” —a condition where one parent influences a child to harbour

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