The Bombay High Court recently expressed strong disapproval towards a mother for failing to adhere to her commitment to provide weekly access to her eight-year-old son's father. A division bench comprising Justices Bharati Dangre and Manjusha Deshpande observed on May 6 that the situation was deeply concerning. The court emphasized that regardless of the discord between the parents, the child must receive love and care from both the father and the mother.
Background of the Case
The father had filed an interim application in response to the mother's appeal against a family court order that granted custody of the son to him. He sought access to his son during the summer vacation from May 1 to May 31. In the previous year, he was allowed access for 10 days. The court noted that on May 7, 2025, the mother had readily agreed to grant access on Sundays between 10 am and 7 pm. The High Court had also recommended the implementation of a joint parenting plan.
Court's Observations
The father's legal representatives argued that the weekly arrangement was not being strictly followed, and he was being denied access. The judges remarked on the possessiveness exhibited by the mother, who is the custodial parent. The mother's advocate informed the court that the child had been referred to a psychologist. The judges found this disturbing, stating that if the child had been allowed to enjoy the company of both parents, there would have been no need for psychological intervention. They stressed that the presence of both parents is crucial for the child's development into a healthy individual.
The judges further noted that the child, being eight years old, is in his formative years and can be shaped by the mother's influence. They warned that if the mother instills in him that it is unhealthy to be with his father, the child will carry this fear and grow up with negative feelings. They pointed out that the mother already has custody, and the father only sought limited access during vacation. Referring to the mother's undertaking on May 7, 2025, the judges stated that the more she resists the arrangement, the more the child will drift away from the father, which they aimed to prevent.
Court's Directions
The court allowed the father overnight access from May 15 to May 20 and from June 1 to June 7. It directed that the son be permitted to establish telephonic or video contact with the mother and that he should not be denied the opportunity to stay in touch with her, even if not physically. The mother was instructed to ensure compliance with her undertaking and allow the father access to the child every Sunday.
