Mothers are next to God…..A phrase that we all have been raised with. However, these notions do gross injustice with the Fathers, especially in child custody cases during divorce. Here’s one case which narrates a different tale of Mother’s Love!
In a recent matrimonial proceeding in Supreme Court, a 27-year-old man recollected in open court his “traumatic childhood” at the hands of his mother and subsequently declined the request from judges to speak to her.
The couple got married in 1988 and the husband sought divorce on the ground of cruelty and started living separately since 2002.
After Trial Court and High Court dismissed his plea for divorce, the husband is now before the Supreme Court seeking divorce under Article 142 of the Constitution, that empowers the top court to dissolve a dead marriage where parties have separated for a considerable period of time.
The top Court was hearing this matrimonial case in which the husband was seeking divorce from his wife since the last 20 years, while his estranged wife had been constantly opposing the divorce plea for two decades.
The Court had issued notice in the case in 2019 and even attempted mediation, though it failed.
The estranged wife kept repeating that she did not want to live with the stigma of being a divorcee, the husband said that he only wanted an end to the two-decade-old matrimonial dispute.
Son’s Statement
The son of the parties, now 27, had been living with the father since the time he turned 7.
A bench of Justices DY Chandrachud and Surya Kant tried making efforts persuading the son to re-establish relationship with his mother. However, the judges did not succeed in doing so as the young man elaborated some horrific memories he shared with his mother during co-habitation days.
When the counsel for the mother requested the Court that she be allowed to speak to her son once, the son appearing in-person, declined. Justice DY Chandrachud, attempting a reconciliation said,
She is your mother na, speak to her.
The son spoke up about the ill treatment he suffered at the hands of his mother. He said,
It brings back traumatic memories. I used to be locked in washroom and beaten up. I am not a parent but this not way to raise a child. I used to beaten so much. I was only seven years old. My father never raised a finger on me.
The opposition counsel, advocate Shubhnit Hans who appeared along with advocate Pranati Bhatnagar alleged that the son was only “narrating a scripted tale.”
The apex court did not consider this argument and observed that a 27-year-old man cannot narrate a scripted tale in this regard.
Advocate Archana Pathak Dave who appeared for the husband/father informed Supreme Court that the wife/mother never moved court to seek custody of the child.
Supreme Court
The judges soon departed to the open lounge in Supreme Court to have a dialogue with the parents and the son.
The judges told the son to act as a bridge between the now aged parents, to which the son stated that he does not wish to reconnect with his mother, reported Bar and Bench.
The opposition counsel, however, said that the son did meet the mother after request by judges in the judges’ lounge.
The bench will again meet the parents and the son on May 9, 2022 to resume dialogue between the parties.
Husband To Clear Maintenance Arrears
It has been agreed that the petitioner husband shall pay at present a sum of Rs 6 lakh towards past arrears of maintenance to the respondent wife by bank transfer: an amount of Rs 3 lakh within a week, while the balance of Rs 3 lakh shall be paid within a period of three weeks thereafter.
MDO Take:
- There is no justice for Men nor exit from an abusive and dead marriage even after 20-years
- Despite statement from son, the top court wants him to maintain relationship with a mother who has only left him with bad childhood memories
- If we reverse genders, a child beating father would have been barred from even seeing his son
- For past 20-years, the man is struggling to end the dead bond, yet the Supreme Court is trying ‘mediation‘ between the parties (since 2019) – which in our opinion is absolute waste of time and money of the top court
- These ego battles of disgruntled wives are only denying timely justice to genuine victims
- And if 20 years is not considered a lifetime, the husband is still compelled to pay maintenance – to a woman who has not co-habited with him since two decades – without divorce
- Its time Men in India come together to raise their voice against these inhuman, unjust, unfair and absolute biased laws, which only and only favour women
Leave Your Thoughts Below:
READ ORDER | "My Mother Would Lock Me Up In Washroom & Beat Me"; Son To Supreme Court In 20-YR Old Matrimonial Case
— Men’s Day Out (@MensDayOutIndia) April 12, 2022
▪️Justice DY Chandrachud to son: "She is your mother na, speak to her"
▪️Husband to clear maintenance arrears#SpeakUpMen @narendramodi https://t.co/ohTd2Ke7oB
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