THE NATURAL RIGHT OF A CHILD IS SACRIFICED IN A MATRIMONIAL DISPUTE - DELHI COURT

A Delhi Court said that the natural rights of a child are sacrificed upon the egos of the warring parents in matrimonial disputes. 

"A child is naturally entitled to care, affection, and support by the parents. Unfortunately, the natural right of a child is sacrificed in a matrimonial dispute. Therefore, in such matters, a duty is cast upon the court to decide the issue of visitation rights without any haste." 

The Court held this while allowing a woman’s plea seeking visitation rights of her minor son in the magisterial court. 

The woman contended that she had been raising her son since 2015 (his birth). She argued that the child has turned four-and-a-half years old and is not old enough to understand the influence of his father's home. The Minor son was given only 5 minutes to express his desire, and on that basis, the magisterial court dismissed her plea.

On the contrary, the husband argued that the mother of the child abandoned their son for the past 5 years and therefore denied any interaction by the magisterial court.

The Delhi Court noted that the magisterial court decided the woman on the basis of the interaction between the mother and the minor child coupled along with the facts such as being a mother, she was living separately for the past five years. The trial court did not give any reason to show how interaction with the mother could have an adverse effect on the child. Denying an 11-year-old mother is violative of human rights.

The Additional Sessions Judge Dharmender Rana set aside the order after being unable to convince himself the reason behind how the denial of visitation rights to the petitioner would be healthy for the child.

Author: Papiha Ghoshal