MP High Court Intervenes in Family Court's Dismissal of Mother's Plea
The Madhya Pradesh High Court has set aside an order from a family court that rejected a mother's request for her estranged husband to meet their young son. This decision marks a significant step in a contentious family dispute centered on the child's welfare.
Background of the Case
A mother living separately with her three-year-old son in Bhopal filed a fresh plea in family court. She argued that her son insists on visitations from his father. The mother emphasized that such meetings are crucial for the boy's psychological well-being.
Her estranged husband, who resides in Jabalpur, opposed the plea. He claimed it was a ploy to harass him. The husband alleged that his wife had previously told their son that his father had expired. He also stated that she resisted his attempts to meet the child.
Family Court's Initial Decision
The family court dismissed the mother's application. It held that the court could not force a person to meet anyone. This dismissal occurred during a hearing on the couple's pending divorce suit, which is currently under arbitration in the same court.
High Court's Ruling and Reasoning
Hearing the woman's challenge to this order, Justice Vivek Jain of the MP High Court delivered a pointed critique. The bench noted that the family court scuttled the plea in just half a sentence, merely stating it couldn't force meetings.
Justice Jain highlighted the psychological hardships divorce cases bring, particularly for children. He stated that if the child indeed wants to meet his father, the family court should have conducted a summary scrutiny of the application.
The High Court suggested alternative approaches the family court could have taken. These include counseling the parties to facilitate meetings or seeking assistance from a trained mediator. The bench firmly rejected the family court's simplistic dismissal, refusing to give it a stamp of approval.
Court's Directive and Future Steps
The High Court directed the family court to dispose of the mother's fresh plea properly. This means the family court must now reconsider the application with due diligence, focusing on the child's needs and psychological health.
This ruling underscores the judiciary's role in protecting children's interests during parental disputes. It sets a precedent for handling similar cases where a child's well-being is at stake amidst divorce proceedings.
