Sobbing minor tells court he is not interested in meeting his mother for Diwali

13-year-old breaks down in justice's chambers, says he is not interested in meeting his mother

In a recent landmark order, the Bombay High Court dismissed the plea of a mother seeking the custody of her son during the Diwali vacation, because the thirteen year old was not interested in meeting her.

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The class eight student broke down in the chamber of justice Dr Shalini Phansalkar Joshi during the personal interview, wherein he stated he did not want to meet his mother, on the basis of which the court dismissed the plea.

Advocate Mikhail Dey, who represented the mother in HC told mid-day, "The couple was fighting a marital dispute for over two and half years and have filed a divorce plea, which is pending before a district judge in Pune."

Also read: Mumbai: Man slashes wife with knife after losing children's custody

Didn't seek custody
According to Dey, the father had moved the divorce petition against his wife, accusing her of being abusive and cruel. Since June 14, 2015, the child has been with the father. Back then, she did not seek custody of the child or meet him.

However, in 2016, she moved a petition seeking access to the child on the weekends for two hours — 4 pm to 6 pm — and interim custody during the summer vacation. The trial court allowed her to meet the child at the father's house every Saturday and Sunday during the said timings.

The counsel for the father informed HC the mother never came to the house to meet the child, whereas the mother's counsel alleged she was not allowed access to the child, even after she visited the place. Therefore, she later approached HC and filed a writ petition on April 15, 2017.

Also read: Pune man abducts daughter for son's custody

Only remedy...
The court, in its order passed on October 9 stated, "On account of this separation of about two and half years, the child is not at all ready to meet the mother... The only remedial measure in such a situation is to appoint a child psychologist." "The order has already been published in legal journals and is a point of discussion amongst young lawyers," said Dey.

Experts say
Nishit Kumar, managing director, SBC3 (Centre for Social and Behaviour Change Communication) "We need a marital counsellor to understand where the resistance is coming from in the mind of the child and an assessment must be made after consulting both the parents separately about their parenting style. This will help us understand if the resistance is coming from brainwashing and inducement being given by the father or because of the child's resentment towards the parenting pattern of the mother."

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