The Bombay High Court has held that for a child’s healthy growth, it is essential to have the company of both parents and siblings [Ashu Dutt v. Aneesha Dutt]. The Court noted that matrimonial disputes are often fiercely fought in India, and children inevitably suffer the consequences.
The Bombay High Court has ruled that it is crucial for a child’s healthy growth to have the company of both parents and siblings. In the case of Ashu Dutt v. Aneesha Dutt, a division bench of Justices Ramesh Dhanuka and Gauri Godse noted that they were handling a situation where a 15-year-old child showed reluctance to meet his father due to past experiences. However, the child expressed a desire to meet his elder siblings, who had been living with their father in the United States. The Court observed that the child was denied the company of his father and elder siblings due to the bitterly fought litigation between the parents. The Court emphasized that a child’s healthy growth requires both parents and siblings’ company.
The High Court considered the acrimonious legal battle between the parents that had lasted for several years. While the child had initially been reluctant to meet his father, he later attempted to connect with him through a Zoom call. The Court opined that it was in the child’s best interest to have the company of both parents and to overcome the psychological harm caused by past events. The parents, who were both fighting for their respective rights and wishes, were urged to prioritize the welfare of the child over their own interests. The Court emphasized that it was impossible for the parents to turn back time and give the child the happy and complete family he deserved, but they should express remorse and take corrective action to help the child recover from the traumatic experiences.
The Bombay High Court highlighted that in India, matrimonial disputes are often bitterly fought and children are the ones who bear the consequences. The Court stressed that children should not be treated as property or chattel, and that their welfare should be the topmost priority. The Court used its parent patriae jurisdiction to compel the parties to act in the best interest of the child. In this particular case, the Court ordered State and Central agencies to ensure the safe entry and exit of the child and his mother, who will be flying to India from Thailand, to enable the child to meet his father and elder siblings. The Court also directed the father to ensure that the mother and child return safely to Thailand after their meeting.
Source: https://www.barandbench.com/news/litigation/necessary-child-company-both-parents-siblings-healthy-growth-bombay-high-court
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