M Veerappa Moily wants to play godfather to children caught in the crossfire between warring parents locked in custody battles.
Upset at long litigations that leave a damaging impression on children, the law and justice minister wants all custody matters to be disposed of within six months.
“Custody matters should be decided faster and if possible, in less than six months because there is a lot of anxiety among parents and children. It is the children who suffer most as they go through a lot of trauma when such cases drag on,” Moily told DNA in an exclusive interview.
The minister intends to write to all high court chief justices seeking intervention for speedy disposal of custody cases in the interest of children.
He had earlier advocated speedy divorces and said the number of family courts was being increased substantially, so that matrimonial disputes are settled in quick time. “In fact, all women- and children-related matters should be decided in fast-track courts,” Moily had said shortly after taking over as law minister.
While efforts are on to fast-track cases involving heinous crime such as rape, courts still have not picked up speed in matters related to children.
Custody battles are most fiercely contested and invariably dragged on for years, during which children grow up in the shadow of uncertainty and insecurity.
The minister believes since children are at a crucial stage of mental development during such battles, it is not fair to make them go through uncertainty which causes trauma. He wants custody cases to be dealt with sensitively.
Of late, there has been a growing demand for speedy disposal of custody matters, due to which the number of family courts in metros is being increased.
“This is fantastic news for litigating parents and children. At least keeping in mind children, custody matters should be disposed of faster. There is a need for separate guardian courts for such cases. Courts must also give more importance to shared parenting, so that children get the care and attention of both parents,” Kumar Jagirdar, who has been embroiled in a long litigation with his former wife over the custody of their daughter, said.
“The minister [Moily] is absolutely right. However, it is also important that custody matters are decided in a cordial atmosphere. Children are often called in courts, where under trials and convicts are also present. Such atmosphere is not healthy,” Supreme Court lawyer Priya Hingorani said.
