Bombay HC Orders Separated Mother To Allow Non-Custodial Father Meet Minor Son On Diwali Day

Diwali is one of the biggest festivals in India – a day when families come together to celebrate the festival of lights while ushering prosperity into their homes. However, there are several separated fathers who do not have the good fortune of being with their children, as their only fault is, that perhaps they filed for divorce to get out from an abusive or dead marriage.

In its recent order, the Bombay High Court ordered Mumbai police to ensure that a man is allowed to meet his minor son on the occasion of Diwali. The high court ordered the man’s wife to drop the son at her estranged husband’s house, failing which the police would step in.

Case:

The high court was hearing a plea filed by the husband seeking implementation of a family court order, confirmed by the Supreme Court, to grant custody of their four-year-old son to him at least thrice a week.

The couple had agreed to a shared custody, wherein their son would be with either parent for three and a half days a week. However, the wife didn’t allow the husband to meet the son despite repeated orders.

Noting the same, a bench of Justices Amjad Sayed and Shivkumar Dige said,

We have been very slow in our approach and counselled the wife and have made all possible efforts to convince her to make a start by giving exclusive access/custody of the child to the husband for at least three-four hours in the day, notwithstanding our earlier orders granting even overnight access/custody.

The judges said that the wife, however, had been adamant. The bench said,

The only reason given by her for not complying with the orders is that the husband would ‘run away’ with the son.

The bench opined that prima facie this reason is merely a ruse to somehow not give the husband even limited exclusive access/custody.

The bench noted that the husband did not ‘run away’ with the son when he enjoyed shared custody and the fact that his passport has been deposited in the HC.

We are of the prima facie view that the son is being used by the wife to get back at the husband in some way by denying him the love and affection of the child.

The bench led by Justice Sayed added that this could hamper the child’s overall growth and development.

The judges, accordingly, ordered the wife to drop the son by 2 pm on November 4 at her husband’s house and to pick him up back by 6 pm in the evening. The bench said,

If the wife does not comply with these directions, a senior inspector along with a lady police personnel would visit the wife’s house and implement the same. We make it clear that no force shall be used to implement these directions of the court.

MDO Take:

• Thanks to our extremely biased women centric laws, men/fathers have become puppets at the mercy of the state, law and system to meet their own children
• Filing for divorce is not a crime, but it is only the men who get penalised for taking that stand
• As also in this case, most wives use children as tools to ensure that estranged husbands pay up maintenance/alimony, or drag their feet through never ending cases and return to them
• A very large percentage of men in India do not file for divorce, particularly because they are scared of losing access to their children
• The ones who cannot bear it any longer, ultimately end up giving away custody and access of children to keep harassment and humiliation of wife away, even after separation
• Meanwhile, our governments still believe that women are the only oppressed gender, who do not have fair laws in their favour
• Gender appeasement is the new political opportunism at the cost of Men becoming the collateral damage

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