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Matrimonial Disputes Leave Children on a Bitter Note: Bombay HC Addresses The Insensitive Treatment

  • Posted on April 12, 2023
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Matrimonial Disputes Leave Children on a Bitter Note:-


A Bench of the Bombay HC comprising RD Dhanuka J. and Gauri Godse J. ordered a divorced mother residing in Thailand to come to India along with her son so that he could spend some time With his father. In pronouncing the judgment, the Bombay HC shed light on many disturbing observations relating to the treatment of children in matrimonial disputes.


Matrimonial Disputes Leave Children on a Bitter Note
Matrimonial Disputes Leave Children on a Bitter Note

Observations of The Bombay HC

Matrimonial disputes form a major part of cases filed in the Indian legal system every year. The Court stated, “This is an unfortunate case where due to a bitterly fought matrimonial dispute between the parents, the children have suffered. In our country, matrimonial disputes constitute the most bitterly fought adversarial litigation. A stage comes when warring couples stop seeing reasons. The children are seen as chattel. In such cases, the role of the Court becomes crucial…The paramount consideration is the welfare of the child and not the legal rights of the parents.”


Child Parenting is Separate from Marriage Ties between Spouses

It must be noted that the upbringing and character development of a child is a field separate and independent from the relationship between the child’s parents. Irrespective of whether the child’s parents share a healthy relationship, a child is entitled to the love and security of both his parents after being born.


Insensitive treatment of children and demanding the exclusive custody of children to satisfy the egoistic problems between Two spouses serve no purpose. It only hampers the growth of children by creating a void and lack of guidance from both parents.

Matrimonial Disputes Leave Children on a Bitter Note
Matrimonial Disputes Leave Children on a Bitter Note

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