In a case before the Bombay High Court, it was observed that children in India often suffer the consequences of bitter matrimonial disputes between their parents. The Court emphasized the importance of a child having the presence of not just both parents, but also their siblings for their healthy development. The case involved a 15-year-old child who showed reluctance to meet his father due to past experiences, but expressed a desire to meet his elder siblings living with their father in the United States. The Court noted that the child had been deprived of the company of his father and siblings due to the acrimonious litigation between the parents.
The Court also considered the prolonged and contentious litigation between the father and mother of the child. Despite the child’s initial reluctance to interact with the father, the Court emphasized the importance of the child having the presence of both parents for their well-being. The Court further urged both parents to prioritize the child’s welfare above their individual rights and desires, and to work towards healing the child’s emotional wounds resulting from past events.
The Court acknowledged that the child had missed out on the opportunity to have a happy, healthy, and complete family, which he deserved. The Court stated that the parents could not turn back time to undo the past, but they should express remorse and work towards making amends to help the child overcome the emotional scars he had suffered. The Court further noted the prevalence of contentious matrimonial disputes in India, where children often bear the brunt of such litigation. In this particular case, the Court observed that the children had suffered due to the bitter and adversarial litigation between the parents, who had ceased to act reasonably. The Court also highlighted that children in such situations were often treated as property instead of human beings with their own rights and needs.
Source: https://www.barandbench.com/news/litigation/necessary-child-company-both-parents-siblings-healthy-growth-bombay-high-court