Amrita Sinha Vs Shwetabh Sahay - Child Custody - Parens Patriae Jurisdiction

Child Custody - Parens patriae jurisdiction - The Courts exercising such jurisdiction oftener than ever are faced with the problem of the parents having custody, using the child as a tool to settle scores arising from the marital fights. The Courts often must perceive things which are not visible to the naked eye, read between the lines and separate the grain of truth from the chaff of rancor, animosity and bitterness resulting from an estranged relationship. (Para 3) - In exercise of the parens patriae jurisdiction, the Courts are often attempted to be misled by vicious accusations made by the spouses against each other. The judicial mind must rise above such accusations made, which is motivated by the resentment, resulting from a troubled marriage and keep in mind the paramount consideration which is the welfare of the child; always, ideally served by the company of both the parents and their families. However, when disputes arise between the parents and the hatred emanating from the troubled relationship clouds their minds and the custodial parent uses the child as a tool to avenge the perceived injustices meted out by the other, then the Court steps in, in the interest of the child. (Para 12)