In a recent judgement, the Madras High Court has directed a woman to treat her husband at least as a vulnerable guest whenever he visits their child in accordance with the Indian principle of “Atithi Devo Bhava” (Guest is God).
The observations were made while dealing on a petition for joint custody and shared parenting that the father of a 10-year-old girl child had submitted. The court approved the father’s petition to see the child on Fridays and Saturdays between 6 and 8 p.m. because the divorced couple lived in two separate towers of an upscale integrated housing community in Chennai.
According to the Justice Krishnan Ramaswamy, poisoning a child’s mind by one parent against the other is child abuse in itself.
Justice Krishnan Ramasamy said, “Children do not naturally feel hatred; rather, it is a taught emotion. Therefore, turning a child’s mind against their other parent will be considered “child abuse. Every child has a right to and a need for an unthreatened and loving relationship with both parents.”
The Judge noted that while a couple may not be required to treat each other with love while they are separated, humanity demands that they be kind in front of their children. He had seen numerous instances of non-cooperation and ill-treatment of a spouse whenever they visited the child in the custody of the other spouse pursuant to court orders.
Justice Ramasamy noted that, while taking into account the best interests of the children, courts generally permit parents to visit their children while they are in the custody of the other parents. Unfortunately, the parent who has custody of the child disregards court orders and ends up mistreating the parent who is visiting and start fighting in front of the children.
The Judge directed the respondent/wife the following instructions regarding how to treat the petitioner when he comes to her home.
The Court concluded by giving direction to the wife to show hospitality by providing snacks and dinner etc., and have the same with her child and create a healthy atmosphere so that the child should feel happy and enjoy the moments.”
