Necessary for child to have company of both parents as well as siblings for healthy growth: Bombay High Court

The Bombay High Court on Tuesday held that it is necessary for every child to have the company of not only their parents, but also their siblings for a healthy growth..A division bench of Justices Ramesh Dhanuka and 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. "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," the order stated. .The Bench also took into account the bitterly fought litigation between the father and the mother of the child in question for over 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. "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 opined. .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, the Court said. It added that both the 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.The Bench further 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.".In such cases, the role of the Court becomes crucial as it is required to exercise parent patriae jurisdiction and compel the parties to act in the best interest of the child, the Court added. "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."It, therefore, ordered the State and Central agencies to ensure safe entry and 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. .Advocates Rohaan Cama, Ayushi Anandpara, Neha Achaliya and Sapana Rachure appeared for the father. Senior Advocate Santosh Paul along with Advocates Mahir Bhatt, Maithreya Shetty and Wasim Ansari represented the mother. .[Read Order]