Treat divorced spouse with Atithi Devo Bhava attitude; show kindness and empathy in front of child: Madras High Court

While dealing with a case relating to visitation rights between a divorced couple, the Madras High Court recently emphasised that spouses who had parted ways should treat each other with kindness and empathy in front of the child [Ganesh Kasinathan v Richa Sharma]..Justice Krishnan Ramasamy made the observation while noting that he had came across many instances of one spouse ill-treating the other when they came to visit the child. "The spouse shall treat other spouse, though not as wife/husband due personal indifferences, but at least treat him/her as a guest by paying more attention than wife/husband since in our customs and practice, a guest is treated as “Athidi Devo Bhava (Guest is God)”, the single-judge said. .It was the Court's opinion that a parent who teaches a child to hate or fear the other parent represents a grave and persistent danger to the mental and emotional health of that child. It observed,"Every child has a right and need for an unthreatened and loving relationship with both the parents. To be denied that right by one parent, without sufficient justification, is itself a form of child abuse...Hatred is not an emotion that comes naturally to vast majority of children; it has to be taught.".Justice Ramasamy made the observations in a case where the father of a child was allowed to take the minor to his residence for stipulated times during the week. However, the wife expressed difficulties in implementing the same and sought a modification.The Court modified the order allowing the father to visit the child at the mother's residence every Friday and Saturday evening. .It was directed that spouses shall comply with such orders without any deviation and even convince children to spend time with the other parent, should they not wish to as a result of parental alienation. "In the event there is failure on the part of the spouse who possesses the custody of the child, he/she will be held responsible for non-compliance of the order and ultimately, it would be considered that he/she is incapable of maintaining the child in his/her custody", the order stipulated. .Further noting that every child had a right to access both parents and get the love and affection of both parents it was observed that, "whatever be the differences between the spouses, the child cannot be denied company of the other spouse.".While listing the case for further hearing on July 29, the Court directed the wife to show hospitality to the husband by providing him snacks and dinner and eat the same along with her child. "Which means husband, wife and children altogether and create a healthy atmosphere so that the child should feel happy and enjoy the moments by spending with his parents.".[Read Order]