Child is not a Pawn in Matrimonial Proceedings: Calcutta High Court warns a woman
Calcutta | In an acrimonious divorce proceeding, a woman uses her girl child to make her way back into the marriage. The high court observed that the child showed signs of mental trauma and was being controlled by the mother. The child was refusing to see the father and the mother used non – verbal cues to control the child, as observed by the special officer. The court warned the mother asked her to “stop using your child as a pawn”; saying it would otherwise grant custody to her estranged husband, for the sake of the child’s well-being.
“Your client cannot use the child as a handle to get a leeway in her matrimonial suit,” Justice Bhattacharyya told the woman’s lawyer. “This is blackmail… unless she does not go back to her husband; the child would not go to the father. How dare she! Who is she?” “Your client cannot use the child as a handle to get a leeway in her matrimonial suit,” J. Bhattacharyya informed the woman’s attorney. The child would not go to the father unless she returned to her husband, which is blackmail. Dare she! Who is she?
The bench stated that only if the child has a balanced relationship with both parents can her wellbeing be “maintained.” Therefore, they believed that the father should be granted custody “at least for a limited period” and could not be denied it. However, by January 13, the court granted the woman a “last chance” to clarify her stance.
The bench recommended that the youngster spend two hours each evening, from 6 to 8 p.m., at her father’s house
The court also made sure the mother could not come in the way of these father-daughter interactions. The bench issued strict instructions: get the child to the father’s home and immediately leave for those two hours. During this time, she should not even be seen in the vicinity.
The mote of the point is that it is seen that women alienate the fathers from the children in court proceedings without realizing that they are parents and not masters of their children’s destiny. Custody battles turn bitter and its often seen that one parent is made to suffer along with the child.
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