Law minister Kiren Rijiju recently spoke about Shared Parenting in Lok Sabha and how kids, whose parents are embroiled in divorce cases, are the biggest sufferers.
In a recent order from Mumbai, the sessions court observed how a mother’s company is more valuable while growing up and the father can’t give the same kind of love, affection, care and sympathies to a child. Accordingly, the court instructed the Pune based father to hand over custody of both minor children to his estranged wife, who now lives in Mumbai.
Couple got married in 2012 and have two children aged 8 and 4. The duo got separated last year, after the wife alleged cruelty and filed Domestic Violence case against her husband and in-laws. However, the father refused to let kids go with the mother.
The 37-year-old businessman moved the sessions court last week after a magistrate court ordered him to pay his wife Rs 20,000 every month and hand over custody of the children.
Mumbai Sessions Court
The court generalised remarks how only a mother is more suitable to take care of children. The court said,
It is settled that a mother is a suitable person to take charge of the child, it is impossible to find an adequate substitute for her. The role of the mother in the development of the child’s personality can never be doubted. A child gets the best protection through the mother.
It is a most natural thing for any child to grow up in the company of one’s mother. The company of the mother is the most natural thing for a child.
The court further pointed out that the children’s grandmother (husband’s mother) was taking care of them and even she cannot be a substitute for a “natural mother”. The Court added,
The grandmother is old and having her own problems. So considering the totality of facts and circumstances, the welfare of the children lies with the mother.
Husband Claimed Wife Was Having Mental Problems
The husband argued that his wife was suffering from mental ailments, and thus, the court appointed a panel comprising a psychologist and three psychiatrists. However, it was learnt that the wife was not suffering from schizophrenia.
Refusing to accept the verdict of the doctors, the husband attempted to rely on certificates issued by a private hospital. However, the sessions court said the certificate only indicates there is presence of mild anxiety or that the woman may present obsessive thinking style.
The Court said factum does not anyway connect to show that the wife is of unsound mind. The trial (magistrate’s) court has referred several instances which resulted husband meted out domestic violence to the wife, so that cause is sufficient to raise anxiety in the body of the wife.
Directing the husband to hand over custody of both children to the mother, the Court said in the event the man does not hand over custody of the children, the police should assist her. Concluding the matter, the sessions court added,
If there is any difficulty to the mother, the jurisdictional Police Commissioner or Superintendent of Police is also requested to do the needful.
- The archaic thoughts of Courts and personal biases of Judges must end
- Fathers cannot be reduced to mere ATMs if a woman decides to leave her matrimonial home and file cases
- Divorces are not taboo, however, making only the husband seem like a villain in every divorce battle, suits the perpetual victimization of women
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"Mother's Company More Valuable To Children" | Mumbai Sessions Court Directs Father To Hand Over Custody; Husband To Pay Maintenance
— Voice For Men India (@voiceformenind) August 4, 2022
Law Minister Kiren Rijiju Speaks About Children Amidst Matrimonial Battles | Shared Parenting
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