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Don’t use children as tools to get at each other HC cautions couples

Expressing concern over the welfare children in custody battles, the Bombay high court (HC) has cautioned couples in matrimonial disputes against using their children as ‘tools to get at each other’.

Updated on: Jun 4, 2015, 16:50:48 IST
Hindustan Times | By , Mumbai
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Expressing concern over the welfare children in custody battles, the Bombay high court (HC) has cautioned couples in matrimonial disputes against using their children as ‘tools to get at each other’.

The high court said such parents must keep in mind that ‘wholesome development is every child’s birth right’ and ensure that children do not bear the brunt of their tussle.

“In bitterly contested custody petitions, including the case in question, several allegations and counter allegations are made by the parties against each other. Various other proceedings are also pending between the parties in various courts adding to the acrimony between them. It is unfortunate that their only child, who would be naturally entitled to love, affection and support from both the parents, is at the centre of such proceedings,” said justice RP SondurBaldota.

The court was hearing a plea filed by a woman against a family court order that had granted overnight and vacation access of her minor daughter to her ex-husband. She had alleged that her husband was an alcoholic and was insensitive towards the needs of the child.

“The daughter is fairly comfortable in the company of her father for a while, and if granted greater access, she will get further acquainted with her father. It is obvious from the allegations and counter-allegations that the daughter is being used as a tool by both sides to get at each other. There is no real concern for the child. They must keep in mind that wholesome development is the child’s birth right,” said justice SondurBaldota.

 
ABOUT THE AUTHOR
Ayesha Arvind

Ayesha Arvind is a Senior Assistant Editor specialising in legal and judicial reportage. She covers High Courts and tribunals across southern India, and believes that important legal developments do not only come from New Delhi. Her work focuses on bringing significant decisions and developments from the region to a wider audience and explaining what they mean beyond the courtroom. She tries to make legal material accessible by translating legal jargon into clear, readable prose and putting pleas, lawsuits, judgments and legal developments in context. She also looks at their political realities and practical consequences for people. Ayesha is committed to the standards of integrity journalism requires. She places a premium on accuracy and fairness, and believes that journalism's powerful voice must be tempered by humility and a sense of proportion. Over almost two decades in journalism, she has covered law and order, civil law, crime and other areas of legal affairs. Her work includes breaking news, legal affairs stories, online analysis and commentary. Ayesha is deeply interested in the law, court judgments and the Constitution because they shape everyday life. She believes every citizen should have a basic understanding of them. What she enjoys most about covering courts is that every story brings something new to learn.

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