Why should only a mother have biological, emotional, moral and legal right over her child? Why are other family members who equally care for children of their house, deprived of any access unless and until the mother permits them to have so.
This is a common drama by several separated/widowed women who do not want their children to have any contact with the grandparents from paternal side. However, Bombay High Court has quashed an appeal by a mother who wanted no visitation rights for her son, to be granted to her late husband’s parents.
Case:
- Nazima Khan (name changed) had married Ajay Mehta (name changed) in 2008
- She had given birth to their son in 2010
- The son was born two months after Ajay’s death
- Since then, Khan had disallowed Ajay’s parents to meet the child
- According to Khan, she was ill-treated by her in-laws when she lived with them for a brief spell
- Thus accordingly, she was not willing to let them meet her son
- She also alleged that Ajay’s parents had threatened her that they would take the child away from her
- Ajay’s parents had approached a family court, which had allowed them to meet with their grandson once a week for few hours or whenever they come to Mumbai from Delhi
- However, the mother was so petty that she did not even comply with this order passed in 2014 and since then the grandparents had been struggling at the same court to ensure execution of their order
- Last month, the family court (after nearly 6years) instructed the woman to immediately comply with the order failing which she would be penalised for the same
- The woman now approached the Bombay High Court for stay on this order
- The High Court bench was dealing with a petition filed by Khan challenging the orders of the Family Court, Bandra, which ordered her to allow her in-laws to meet her son (their grandchild)
A bench of Justices Shahrukh Kathawalla and Burgess Colabawalla has warned Mumbai-based Fatima Khan (name changed) to allow her in-laws to meet their grandchild and if she fails to do so then she will have to pay Rs 5,000 cost.
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Having considered the lady’s submissions, Justice Kathawalla said,
The reason given by Khan that she was not treated well by her in-laws cannot be a ground to deprive access of her son to his grandparents. If her son has not met his grandparents till date it is Khan, who is responsible for the same.
Despite the June 2014 orders of the Family Court, she has not allowed the grandparents of her son to meet him till date. She cannot be allowed to take advantage of her own wrong.
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The bench further said Khan’s contention her in-laws have threatened to take away the child was also baseless.
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http://voiceformenindia.com/in-the-law/delhi-high-court/
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