A sessions court’s prescription to keep a set of warring parents happy giving them custody of their children in rotation every alternate month was shot down by the Bombay HC. Calling the formula ‘peculiar’ and ‘shocking’, Justice Abhay Oka said shunting the three children between the homes every month would be too ‘traumatic’.
Justice Oka said the sessions judge did not seem to have considered the effect this arrangement will have on the children. The judge added, “The children have already suffered because of the attitude adopted by parents of not settling the disputes at least for the sake of children.’’ The court said where a couple was fighting over the custody of their children, it was better to grant custody to one parent.
In this case, Janice had married Mark Pereir in 1989. They have two daughters, aged 16 years and 14 years, and a 12-year-old son. Janice moved the magistrate’s court in 2007 under the Domestic Violence Act and sought custody of the children. The court directed Mark to desist from causing domestic violence and handed over temporary custody of the children to Janice. Mark then filed an appeal in the sessions court, which granted the mother and father custody of the children every alternate month.
The judges had interviewed the children, who said they wanted to celebrate Christmas and New year together. Meanwhile, pending the verdict the custody will remain with the father, and mother will have visitation rights. (The names of the couple have been changed)
Source:- The Times of India 13 September 2009 Page No. 9 Delhi
For any query:- deepakmiglani@hotmail.com
No comments:
Post a Comment