Child Custody | Bombay HC Directs Woman To Allow Access Between Children & Estranged Husband, His Parents

The Bombay high court in its recent order directed a woman ‘to permit’ her estranged husband and in-laws visitation access to children for four days. The court held that children have the right to receive love and affection from parents as well as grandparents.

While passing the order on Thursday, a single bench of Justice Anuja Prabhudessai said,

The children also have the right to the love and affection of both parents as well as grandparents. This is essential for personal development and overall well-being of the children.

Case:

The couple got separated in 2018 and since then they had the arrangement to have custody of their 10-year-old twin sons.

The Bombay High Court was hearing a petition filed by a 38-year-old Pune based father, since his estranged wife had not permitted him to meet his children for the past 22-months (since June 2020), despite a previous bench directing her to permit the same.

The father, through his advocate Ajinkya Udane, sought temporary custody and informed court that he would also initiate contempt proceedings as the paternal grandfather of the children was having health issues and desired to see his grandchildren.

Udane told the court that despite a March 10, 2022 order from the High Court, the mother of the children refused to allow access to their father on their birthdays.

Bombay High Court

The bench observed how children have the right to the love and affection of both parents as well as grandparents and this is essential for their personal development and well-being.

Allowing access to his children, the Bombay High Court noted that a non-custodial parent cannot be deprived of his or her right to spend quality time and enjoy the company of his/her children.

Thus the court allowed the man access to his children for four days, and also referred the dispute between the couple for mediation to former HC judge Justice (Retired) Shalini Phansalkar-Joshi, who will act as a mediator and assist the parties in arriving at an amicable settlement and submit the report preferably within six months.

The bench further said,

Without getting into the merits of the case, the petitioner-father was being granted access to children from April 14 to April 16 and the respondent-mother would bring the children to a mall in Pune on April 14 and the parents and the children shall spend time together for four hours.

Thereafter, the children will be in the custody of their father, who would bring them back to the same mall at 11 am on April 17 and spend time together for four hours and hand over custody of the children to the respondent-mother on the same day at 3 pm.

The court said that it will decide on the issue of interim access arrangement during the next hearing on April 21.

MDO Take:

• Throughout the order, the term used is ‘Wife did not permit’
• This is what happens when all laws are rested in favour of the woman and men/fathers are reduced to puppets begging before courts to merely see their children
• The woman had flouted the March 2022 order directing her to grant access between children and the father, yet despite her defiance, there are no repercussions whatsoever
• This is how there is zero fear in women today – be it while lying, forging documents, indulging in perjury – all in the name of their Rights
• We are not sure if the father can still have a normal relationship with his children in those 4Days-3Nights package granted by court
• The onus lies only on both parents to give a normal upbringing to their children
• If either parent is on their ego ride, they are only harming the interest of kids 

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“Woman Cannot Stop Her In-Laws From Meeting Their Own Grandchild” – Bombay High Court

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