Parents must show some maturity and keep children away from matrimonial bitterness: Bombay High Court

The Nagpur Bench of the Bombay High Court recently observed that estranged Indian couples settled abroad should show some maturity and ensure that their child is kept away from the legal proceedings they institute against each other..A Division Bench of Justices Manish Pitale and Valmiki SA Menezes said that the process of reconciliation or initiating legal proceedings has to be handled in such a manner that the minor child or children from the marriage are kept away from its adverse effects. "In such cases, where both the parents are highly educated, financially independent and undoubtedly intellectually well developed, such maturity is expected, but unfortunately found wanting. A situation ought not to be created where the parent, who happens to have the physical custody of the minor child, uses the custody of such child as a tool to inflict suffering on the other parent, by depriving the other parent of contact with the minor child," the Bench said. .The Bench was hearing a father's habeas corpus plea seeking custody of his minor son, who was brought to India by his now estranged wife in February 2021. The father claimed that the wife brought his son to India without his consent. He even cited an order passed by a court in Arizona, United States of America (USA) which ordered shared custody of the child.The wife had left Arizona in December 2020 and gone to Texas, where her brother lived. Then in February 2021, she returned to her hometown, Nagpur..The Court noted that both the husband and the wife were financially sound and had married somewhere in 2014 and even jointly purchased a house in Phoenix, Arizona. It noted that the wife too was drawing a handsome salary. "The couples in such cases are usually well educated and financially sound, as both are working individuals and there is no dearth of resources. Perhaps, it is the problem of plenty, which is leading to such frequent instances of one parent knocking the door of the Court, invoking the writ of habeas corpus to secure the custody of minor child or children, who are taken away by the other parent and brought to India. There is no dearth of intelligence and resources in the parties, but, there is lack of wisdom and maturity, thereby frequently bringing such cases to the writ court for decision," the judges observed..The acrimony, bitterness and differences of opinion between the parents ought not to lead to a situation where the minor child becomes a mere pawn, to be exploited by one parent against the other, the Court added..Therefore, the Bench ordered the wife to implement the orders passed by the court at Arizona, which has ordered shared custody of the child. It further clarified if the wife does not wish to travel to USA, then the husband will have to ensure he grants virtual access of the child to the mother every alternate day, for at least 40 minutes on video call. .Advocates Prabhjit Jauhar, Tulika Bhatnagar and Ayushi Dangre, appeared for the petitioner husband. Senior Advocate SK Mishra, along with Advocates Ayush Sharma and Virat Mishra represented the respondent wife. Additional Government Pleader SS Doifode appeared for the State. .[Read judgment]