Estranged Spouses Can Go To Any Extent To Satisfy Ego: Court On Plea Over Child's Record

Parents embroiled in matrimonial disputes can go to any extent to satisfy their ego, the Bombay High Court has said dismissing a petition filed by a woman seeking only her name to be mentioned as parent in the child's birth record.

Neither of the parents can exercise any right in respect of their child's birth record, Justices Mangesh Patil and Y G Khobragade of the HC's Aurangabad bench said in the March 28 order while deprecating such petitions.

The petition is a classic example of how a matrimonial dispute is a genesis for multiple litigations, the HC said and imposed a cost of Rs 5,000 on the petitioner, noting the plea was a sheer abuse of the process and waste of the court's precious time.

The 38-year-old woman had filed the petition, seeking a direction to the Aurangabad municipal authorities to record her name in the birth record of her child as a single parent and issue a birth certificate with only her name.

The woman in her plea claimed her estranged husband was addicted to certain vices and had never even seen the face of his child.

The high court, however, said just because the father of the child is addicted to vices, the mother cannot insist as a right to be mentioned as a single parent in the child's birth certificate.

"Neither of the parents can exercise any right in respect of the child's birth record," it said.

The bench in its order said the present petition was a classic example of how a matrimonial dispute is a genesis for multiple litigations.

"This demonstrates as to what extent parents, embroiled in a matrimonial dispute, can go to satisfy their ego," the HC said.

It is quite evident that the woman, in order to satisfy her own ego, is not even bothered about the child's interests, the court said, adding the welfare of the child is of paramount importance.

"The relief being claimed, clearly demonstrates that she can go to the extent of treating her child as if it is a property in respect of which she can claim some rights, ignoring the interest and welfare of the child," the bench said in the order.

The woman was undermining the child's interest by seeking to mention only her name in the birth record, it said.

While dismissing the petition, the HC said it has no manner of doubt that the same was a "sheer abuse of the process and waste of precious time of the court".

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