The Bombay High Court recently held that it is necessary for every child to have the company of not only their parents but also their siblings for healthy growth.
A division bench of Justices Ramesh Dhanuka & Gauri Godse noted that it was dealing with an unfortunate where considering his past experience, a 15-year-old child showed an unwillingness to meet his father.
However, the child expressed his willingness to meet his elder siblings, who have been living with their father and are presently in the United States.
The order stated that “Due to the bitterly fought litigation between the parents, the child was deprived of having the company of his father and elder siblings. For the healthy growth of a child, it is necessary that a child has the company of both his parents as well as his siblings.”
Therefore, the Bench took into account the bitterly fought litigation between the father and the mother of the child in question for several years now. It noted that initially, the child showed unwillingness to meet the father, but later tried to connect with him on a Zoom call.
The Court opined that “It is in his interest that he has the company of both his parents. It is also in his interest that the scars in his mind due to the unfortunate incidents in the past are washed out. Both parents, who are bitterly fighting the litigation and are trying to impose their respective rights and wishes on the child, are expected to give preference to the welfare of the child over their own rights.”
The Court said that it will never be possible for the parents to rewind the clock and give him a healthy, happy, and complete family, which he always deserved. It added that both parents should express some regret and take this as an opportunity to adopt corrective measures and help him wash out the scars in his mind.
Further, the Bench observed that matrimonial disputes are fought bitterly in India and that children have to face the consequences of such bitter litigation.
“This is an unfortunate case where due to a bitterly fought matrimonial dispute between the parents, the children have suffered. In our country, matrimonial disputes constitute the most bitterly fought adversarial litigation. A stage comes when warring couples stop seeing reasons. The children are treated as chattel.”
The Court added that in such cases, the role of the Court becomes very crucial as it is required to exercise parent patriae jurisdiction and compel the parties to act in the best interest of the child.
“It is important to note that children cannot be treated as chattel or property where the parents would have absolute rights over the destiny and life of their children. The paramount consideration is the welfare of the child and not the legal rights of the parents.”
Therefore, ordered the State & Central agencies to ensure safe entry & exit of the child along with his mother, who will fly to India from Thailand, where they are residing. It also issued directives to the father to ensure that the mother and the child return safely to Thailand after he meets the family.
