Parental Alienation is a silent disease in India and also globally. In its recent order, the Gujarat High Court on Tuesday ordered a woman to get in touch with her husband in Australia through video call and enable their son to talk to him as the child had never seen his father.
Case:
The husband and wife were living in Australia when a rift developed in their relationship. The woman returned to India with their nine-month-old son in 2012. She sought judicial separation and the court made an interim arrangement for maintenance from the husband. Contempt proceedings in this regard are pending in the high court since 2015.
As time passed, there were efforts to reunite the couple. The woman even went to Australia with her son, but the man stopped them from entering the house. As the advocates explored possibilities to settle the dispute amicably, the man agreed to take his wife and son in.
This time, the woman insisted on him coming to India to fetch them. Instead, the man sent three air tickets, asking his wife’s brother to bring the mother and son to Australia.
When he later filed a complaint that his wife was not letting him see the child, the court ordered virtual meetings to take place.
Gujarat High Court
Chief Justice Aravind Kumar commented looked at both sides of the case and insisted that the quarrelling couple should create a conducive atmosphere for the child to connect with his father.
The high court expressed fears that the child may not recognise the father at all if they do not talk to each other. Justice Aravind Kumar said,
You can mark our words. The moment the child sees his father he would say, ‘hello uncle’. This should not happen.
Unfortunately, the court’s fears came true a few hours after it passed the order.
Video Call in Court
In the presence of their lawyers, the couple appeared on a video call. However, the child refused to speak to his father, saying that his mother was his everything as she has been performing his role as well.
The lawyers were left perplexed as the court had ordered the couple to make video calls for three consecutive days to allow the father and son to bond. However, the child rejected the decision on the very first day.
The bench headed by Chief Justice Aravind Kumar requested the lawyers to ensure that the child spoke to his father. He said,
We do hope and trust that the meeting will ensure a reunion of the family which will be in the best interest of the minor son. The love, affection and goodwill of both the parents are required in abundance for overall development of the child.
Meanwhile, the husband sought his wife’s medical records to arrange for treatment of her ailment, but the woman refused to part with the documents. The court said that “a husband and wife are one in law and there cannot be any secrecy between them”.
The court ordered the woman to send medical records to her husband.
The court has posted further hearing on March 16 and sought a report on the outcome of video call meetings between the father and son.
MDO Take:
- Why should Separated Wives be allowed to brainwash children to such an extent, that the children refuse to even speak with their fathers
- The time lapse in custody cases, endless adjournments allowed for women on frivolous pretext or the other, and the absence of mandatory Shared Parenting law, completely alienates the child from his father, where there is zero emotional connect left between the two
- The courts are equally responsible as much as custodial parent (mother), who reduce Men to mere maintenance paying machines in the name of duty and law
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