Bombay HC upholds the rights of parents in custody matters and emphasizes the importance of the companionship of both parents

Bombay: The Bombay High Court made a comment while hearing a habeas corpus (representation of a person in court) filed by the father of an 8-year-old child who was studying in Udupi with his mother and her second husband the rights of parents over the life and fate of their children. The judges found that while parents have absolute rights over their children, a parent cannot refuse the child the company of the other parent. This observation was made during the child custody case.

The Chamber Justices, composed of Justices Revati Mohite Dere and Gauri Godse, observed: “It is important to recognize that while parents have full rights over the fate and life of their children, no parent is permitted to act prejudicial to that.” child in the company of the other parent. Such behavior by a parent is contrary to the best interests and welfare of the child and hinders its healthy growth.”

Child is brainwashed and threatened by mother and stepfather

The mother’s attorney told the superior court on June 15 that the father could meet the child on June 23 and 24 from 10 a.m. to 6 p.m.

However, on June 23, the father told the court that he was not allowed to meet his son.

The judges then ordered the mother to give birth to the child on July 3, 2023 in court. The wife appeared in court with her second husband and son.

The father’s lawyer told the Supreme Court that in November 2022 the civil judge had awarded the mother custody but allowed the father to meet the son during the festivals of Ganpati, Diwali, Dussehra, Holi, Gudi Padwa and twice a month .

After dealing with the child alone, the judges expressed their displeasure at the behavior of the second husband, who had taught the child that the plaintiff was not his father, but that the second husband was his father.

The court also noted in its order that the mother and second husband threatened the child to prevent her from meeting her birth father.

“Our staff informed us that following our interaction with the child, when the child was asked to sit with the petitioner (father) outside our room, Defendant #3 (mother) and her second husband did not merely threaten the child “I did not speak to the plaintiff, but also scolded the child when trying to meet the plaintiff,” the court noted.

The police called to prevent an unwanted incident

It further added, “In light of this behavior by Defendant #3 and her second husband, we had to call the police to our chamber to ensure that Defendant #3 and her second husband did not cause an untoward incident.”

The Superior Courts, while allowing the child to remain with his father, found that the court may invoke exceptional jurisdiction in the best interests of the minor child and that every child is entitled to the love and affection of both parents.

“Every child is entitled to the love and affection of both parents. A child who is separated from a parent faces negative psychological effects. When a question of custody of a minor child arises before a court, the sole and predominant criterion for consideration is the following: the welfare and best interests of the child,” the bank affirmed.

On July 3, the Supreme Court allowed the child to stay with the father until July 6. It subsequently found that on 6 July the child had expressed his wish to stay with his father for two more days and then return to Udupi to attend school.

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Published on: Monday July 10, 2023 9:52 PM IST