The Gujarat High Court has dismissed a petition filed by a man seeking directions to his estranged wife to send their two minor daughters for counseling through a qualified child counselor. The daughters, aged 7 and 8, have been reluctant to meet him.
Court's Decision and Fine
Justice J C Doshi upheld an order passed by a Valsad family court on December 18, 2025, imposed a fine of Rs 10,000 on the father, and ordered the amount to be paid to his two daughters. The family court had granted limited visitation rights based on a compromise between the couple. However, when the man went to meet the daughters, they initially recognized him but later distanced themselves.
Allegations of Parental Alienation
The man alleged that the children were reluctant to meet him under the influence of their mother and sought counseling for them to address possible parental alienation. The High Court noted that the matter before the family court was a divorce proceeding and not a child custody dispute.
Welfare of Children Paramount
Acknowledging that the welfare of children is paramount, the High Court stated, "While the purpose of a counseling order is to reduce psychological trauma, help children process emotions, and improve their overall wellbeing amidst parental conflict, the children being of such tender age are unlikely to fully comprehend the complexities of the ongoing matrimonial dispute between their parents."
The court further emphasized, "Compelling children of such tender age to undergo counseling without sufficient justification would not be in their best interest and may in fact cause further emotional harm."
In this case, the husband and wife began living separately, and the wife has now filed a divorce petition on the grounds of cruelty and impotency. The High Court's decision underscores the importance of considering the emotional well-being of children in legal disputes.
