LI Network
Published on: 15 September 2023 at 13:37 IST
The Bombay High Court has declared that the term ‘best interest of a child’ encompasses a broader spectrum of factors than just the love and care provided by the primary caregiver parent.
The court highlighted that it is a fundamental human right for a child to receive care and protection from both parents.
A division bench comprising Justices Revati Mohite Dere and Gauri Godse issued a directive instructing a woman to return her three-and-a-half-year-old son to her estranged husband residing in the United States of America within 15 days.
This ruling came in response to a plea filed by the father, who asserted that he and his estranged wife had previously reached an agreement that their child, a US citizen by birth, would remain in the United States with his mother. Despite this agreement, the mother had brought the child to India and refused to return him.
In its ruling, the High Court emphasized that the child’s best interests lie in returning to the United States, where he was born. The court also noted that if the woman wished to accompany her child, she could do so. Furthermore, the father was directed to provide residence and monthly maintenance for both the woman and the child.
The Bombay High Court stated, “The term ‘best interest of the child,‘ which is always to be of paramount consideration, is indeed wide in its connotation, and it cannot be limited solely to the love and care provided by the primary caregiver, i.e., the mother, in the case of a child of tender years.”
The court stressed that decisions regarding the child must ensure the fulfillment of the child’s fundamental rights and needs, encompassing identity, social well-being, as well as physical, emotional, and intellectual development.
Court emphasized that the determination of the child’s welfare should not be influenced solely by one parent’s perspective but should be based on what is truly in the child’s best interest.
While acknowledging the importance of a mother’s care and protection, especially during the child’s tender years, the court pointed out that no other factors favored the mother’s position in this case. The court held that it is a basic human right for the child to have the care and protection of both parents, and the wife was unjustified in depriving the child of his father’s company.
Recognizing the bitterness of custody battles in matrimonial disputes, the Bombay High Court stressed the crucial role of the courts as guardians of the child’s best interests. The court stated that in such complex situations, the court is required to act as the protector of the child and ensure decisions that serve the child’s welfare.