Marital Disputes Are Most Bitterly Fought Cases In Country: Bombay High Court

Children are treated like "chattel" or movable property in matrimonial disputes, the Bombay High Court said on Tuesday while directing a woman to come to India from Thailand with her 15-year-old son so that he can meet his father and siblings.

Such disputes "constitute the most bitterly fought adversarial litigation" in our country, said a division bench of Justices RD Dhanuka and Gauri Godse, adding that a child's welfare is more important than the parents' rights over her or him.

The court was hearing a petition filed by a man seeking to meet his 15-year-old son who lives with his mother in Thailand.

The boy has suffered a setback because of the bitterly fought case between his estranged parents and he is keen to meet his father, the court observed.

"In our country, matrimonial disputes constitute the most bitterly fought adversarial litigation. A stage comes when warring couples stop seeing reason. The children are treated as chattel," it said.

"Children cannot be treated as chattel or property where the parents would have absolute rights over the destiny and life of their children. The paramount consideration is the welfare of the child and not the legal rights of the parents," the judges added.

The estranged couple's elder children - a son and daughter, both of them major - stay with their father.

The man claimed that a family court in September 2020 directed his wife to provide him, the boy's elder siblings and the grandparents free access to the boy, but she did not comply.

The high court should direct the woman to bring the son to India during summer holidays, the plea said.

The woman's lawyer told the high court that she was willing to come to India with her son, but necessary orders should be passed to ensure that she can safely return to Thailand with her son at the end of vacation.

The court noted that the boy appeared to be "very clear in his thoughts and his prospects and hence is required to be treated as an individual and it was necessary to respect his thoughts."

It was necessary to strike a balance between the parents' requirements and welfare of the child, the high court said, noting that if due consideration was not given to the boy's views, it could be detrimental to his future.

"For the growth of a child, it is necessary that a child has the company of both his parents as well as his siblings," the court said, adding both the parents should express some regret and adopt corrective measures.

The bench directed the woman to visit India with her son so that he can meet his father and elder siblings.

The father shall not initiate any complaint or trigger any action for the arrest/detention of the woman and their son while they are in India, it said.

The high court also directed that the concerned state and central agencies shall ensure that no hurdle is created in their return to Thailand afterwards.
 

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