Most bitter cases fought between estranged couples, children suffer due to matrimonial disputes: Bombay HC

The Bombay High Court on Wednesday said that the cases which are fought with the most amount of bitterness are those between estranged couple, treating their children as ‘chattel or property’. The observation was made. By Justices RD Dhanuka and Gauri Gods while they were hearing a plea filed by a man who sought visiting rights to meet his 15-year-old. The teenager lives with his mother in Thailand. 

'Children suffer due to matrimonial dispute between parents'

The court sad that it’s unfortunate that the children suffer due to a bitterly fought cases in matrimonial dispute. The bench made the observation as it heard the plea of a man who was seeking the visitation rights of his fifteen year old son. The boy along with mother lives in Thailand. But, the court has now ordered the mother to return to India with the teenager. 

"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 reason. The children are treated as chattel," the bench said in its order.

Elaborating on the role of the courts in such cases, the bench said, "The role of the court becomes crucial. The court is required to exercise parens patriae jurisdiction and compel the parties to do something which is in the best interest of the children."

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'Necessary that child has company of both parents'

The Court further noted that in the present case, the 15-year-old boy appears to be “very clear in his thoughts and his future prospects.” It went on to note, “Thus, he is required to be treated as an individual, and it is also necessary to respect his thoughts.” 

“Due to the bitterly fought litigation between the parents, the minor 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. He is at a formative age as well as in a crucial stage of his education,” Justice Godse stated for the bench.

“It will never be possible for the Applicants (estranged couple) to rewind the clock… However, both the parents should express some regret and take this as an opportunity and adopt corrective measures and help the son wash out the scars in his mind,” the HC stated in its order.

The court has also directed the state and central authorities to ensure that the woman and the minor son are not harmed during their India visit. 

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