On Tuesday the Bombay High Court held that for the healthy growth of a child, it is essential for them to have presence of not only their parents but their siblings as well.
In the case related to the separation of parents and custody of children, Bombay High Court saw that a 15-year-old boy living with his mother, in Bangkok, Thailand who has had his physical custody from the very beginning of this case, showing reluctance in meeting his father, who lives in India. Although the kid seemed to be absolutely fine in meeting his siblings who were currently residing in the United States for their studies, and before this had been living with their father.
Justices Ramesh Dhanuka and Gauri Godse took note of how the chaotic environment during the boy’s childhood had scared him as he narrated the events that had happened, how when he was living in India the police would come to question him and his mother and also how his father would continuously bang on the door and threaten them. He showed no interest in meeting his father, moreover he ruled out all the chances of leaving Bangkok and travelling to any other place, although he stated if his father was so keen to meet him, he needs to travel to Bangkok. But he showed no resistance in meeting his siblings rather he told the court how he had initiated talking to them by wishing them on their birthdays and also how neither his siblings nor his father attended the zoom meeting that he had set up for them. He was not very keen to meet his paternal grandmother also. Boy exhibited his concerns regarding how he thinks his father is not going to let him go back to his mother once he arrives to India, on being asked about willingness to meet his siblings who were coming to India for their summer vacations, he first denied and stated that he would welcome them with open arms if they would come to Bangkok. The child was very clear and blunt about his thoughts on coming to India and meeting his father.
The division bench stated this as an ‘unfortunate case’ where children suffer due to brutally fought matrimonial disputes. Further it was stated by the court that children are treated as ‘property and chattel’ and this is the stage where it is critical for courts to act accordingly and the child’s welfare is the utmost priority, even more significant than the legal rights of the parents.
The court criticized the ‘bitterly fought’ dispute that left an ever-lasting impact on the child and passed the order that the mother has to file an affidavit-cum-undertaking in the court on/or before 17th April 2023, stating the dates of her arrival to India with the child for 10 days as per his convenience, the affidavit should also include the time and place for the father, elder siblings and paternal grandparents to meet. She is to reside in her apartment along with her son. The father has also been directed to file an affidavit-cum-undertaking in the court on/or before 17th April 2023 stating that he will not create any inconvenience for the mother and the child while their visit in India, as well as he won’t be triggering any arrest or detention of the mother or his son.
Court keeping in notice the boy’s welfare and his healthy growth which requires healing from the trauma given to him at an early stage of his life, stated that even though the child denied meeting his biological father, he also put it in the conversation that he holds no grudges against both his father and his elder siblings, also he told the court that he even tried to initiate and make efforts for meeting his paternal family on zoom calls, hence keeping in mind the child’s interest and for his betterment the court has to act as a guardian, and so it was decided for his healthy growth that he is to meet his father and elder siblings in India. To court this seemed like a peculiar case and had to dealt in a very careful manner.
The court urged the applicants to express some regret and take this as an opportunity to make things right for the sake of their child and heal his scars.
Name – Pranjal jha, College – Amity Law School, Noida, Semester – 2nd
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