The Madras High Court recently emphasised that separated spouses should treat each other with respect and empathy in front of the kid when handling a case involving visiting rights between a divorced couple.
While adding that he had observed numerous instances of one spouse mistreating the other when they came to visit the child, Justice Krishnan Ramasamy made the statement.
“The spouse shall treat other spouse, though not as wife/husband due personal indifferences, but at least treat him/her as a guest by paying more attention than wife/husband since in our customs and practice, a guest is treated as “Athidi Devo Bhava (Guest is God).”
The Court held that a parent who instils in their child a sense of fear or hatred for the other parent presents a severe and persistent danger to the child’s mental and emotional well-being.
The observations were made by Justice Ramasamy in a case where the father of a child was given permission to take the minor to his home during specific hours each week. The wife requested a modification since she was having trouble putting the plan into practise.
The Court changed the decree enabling the father to see the child every Friday and Saturday night at the mother’s house.
In the event that a child is unwilling to spend time with one parent due to parental alienation, it was ordered that spouses must encourage them to see the other parent.
On July 29, the Court ordered the wife to extend her husband’s hospitality by providing him with snacks and dinner, which he might then enjoy with her child.
“In the event there is failure on the part of the spouse who possesses the custody of the child, he/she will be held responsible for non-compliance of the order and ultimately, it would be considered that he/she is incapable of maintaining the child in his/her custody, whatever be the differences between the spouses, the child cannot be denied company of the other spouse.”
Case Title: Ganesh Kasinathan v Richa Sharma