Children Used as ‘Pawn’ in Fight Between Parents: Madras HC

The Madras High Court perceived that children were used as a ‘pawn’ in ego-driven fights between fathers and mothers and it directly affects their growth and future.

    On Tuesday, a division bench of Justice PN Prakash and Justice N Anand Venkatesh observed that children were used as a pawn in ego-driven fights between a father and a mother. The court made the observation while dealing with a case of twin children who are born and brought up in the United States for nearly 13 years.

    The matter was related to a habeas corpus petition filed by their father, Kiran Chava, a US citizen, seeking custody of the twins who were “under the grips” of their mother Usha Kiran Anne in India. 

    The bench said, “Alas, gone are the days when children used to enjoy their childhood and they are now helplessly made to witness the fight between their father and mother, because of their petty egos and it is painful to notice that in most of those fights, it is the children who are used as a pawn.” The mental health of such a child takes a beating, it said, adding that how such a child was going to grow and manage relationships was a million-dollar question.  

    Summoning back an order passed by a US court granting permanent custody to the petitioner, the bench ordered Usha Kiran Anne to return the children to USA within 6 weeks and hand them over to their father within 8 weeks.

   The bench stated that the children’s best interest can be ensured only if they return to USA as they are “naturalized American citizens”, brought up in the social and cultural milieu of USA. “The children have not developed roots in India and hence, no harm will be caused if they return to USA,” it added. 

    Kiran Chava and Usha Kiran Anne both US citizens were married in 1999 and had two children (twins). In 2020, Usha brought her children back to India after their conflict started. She did not return despite repeated requests and legal notices from her husband, Kiran Chava.