Children decide which divorced parent to stay with: HC

FPJ BureauUpdated: Thursday, May 30, 2019, 04:40 AM IST
article-image

Mumbai : Observing that courts are helpless in family disputes, the Bombay High Court recently held that no one can force children to stay with either of their parents. The HC also said no court order can force children in such cases. The HC has accordingly summoned two siblings, who have refused to live with their mother, for the next hearing.

The oral observation was made by a Division Bench of Justice Rajendra Savant and Justice Sadhana Jadhav while hearing a family court appeal filed by Sunita Bhide (name changed), a resident of Pune.

Sunita had tied knots with her husband Anand Bhide (name changed) and the couple had three children — two daughters and a son. With time, the couple decided to part their ways and Anand filed a petition in Pune’s Family Court seeking divorce. In 2009, the family court awarded the decree of divorce and directed Anand to pay a sum of Rs. 5,000 per month as maintenance for Sunita.

The couple’s eldest daughter was married while a 17-year-old son and 15-year-old daughter lived with Sunita post her divorce at her parents’ house.

However, in April 2017, both the children left Sunita and went to stay with Anand. Subsequently, Sunita went to her estranged husband’s place and requested her children to come back.

According to advocate Ganesh Misal, who represents Sunita, she left no stone unturned to convince her children to stay with her. “All her efforts were in vain as none of her children came back to her. Moreover, they did not cite a single reason for their reluctance to come back to their mother.”

Earlier this week, when the judges were hearing Sunita’s plea, they noted that her marriage with Anand has broken “irretrievably”. The judges were also informed about the reluctance of the children to join their mother.

Considering the facts, Justice Jadhav said, “In family disputes courts often become helpless especially in cases like this. Children have their own will and desire, no one can force them to stay with either of their parents. Also, in such cases, more emphasis is to be given to children.”

Accordingly, the judges suggested Sunita not to seek the custody of her children and rather press to enhance the amount of maintenance. The judges then expressed their opinion to personally speak to the children and directed them to remain present in the next hearing. The matter would be next heard on Monday.

(To receive our E-paper on whatsapp daily, please click here. To receive it on Telegram, please click here. We permit sharing of the paper's PDF on WhatsApp and other social media platforms.)

RECENT STORIES

CBI arrests Mamata Banerjee's aide Anubrata Mondal in cattle smuggling scam

CBI arrests Mamata Banerjee's aide Anubrata Mondal in cattle smuggling scam

Rahul Gandhi slams Modi's: Stop lowering dignity of PM post by talking about 'black magic'

Rahul Gandhi slams Modi's: Stop lowering dignity of PM post by talking about 'black magic'

Mumbai updates: City, suburbs back to no rainfall warning

Mumbai updates: City, suburbs back to no rainfall warning

Mumbai: Vihar lake overflows after downpour across city in last 48 hours

Mumbai: Vihar lake overflows after downpour across city in last 48 hours

Bihar: Mahagathbandhan party brings no-confidence motion against Assembly Speaker

Bihar: Mahagathbandhan party brings no-confidence motion against Assembly Speaker