MUMBAI: A court last week dismissed a petition filed by a mother
seeking temporary injunction, restraining the father from seeing their
two daughters on the grounds of cruelty.
Observing that children must spend time with both parents, the court said, "Access of the children is not for the pleasure of the parents, it is for the welfare of the children. It appears the parents are trying to make capital of past incidents that took place between them, to fight on the point of access and custody of the children but that should not happen in the larger interest of the children."
The mother said in her petition that the father had treated both daughters badly. She said that on a trip to Murud-Janjira, the father had told the elder daughter to hold three cans of beer.
She said that in June 2011 the couple quarreled and he threw the daughter's brand new cellphone into the dustbin. The mother said he had verbally abused the child. She said the daughters were staying with her since last November, and the father would harass them at school.
But the father said there was no evidence to establish those incidents.
He said both were tutored and their minds were poisoned by their mother. He said being the non-custodial parent he was concerned about their welfare and must get to meet them.
The court took into consideration a report by a counselor appointed when the father had filed a plea seeking permission to spend time with the younger daughter on her birthday. "On perusal of the counselor's report, it is revealed the children were under great influence of their mother as they are with her since separation of the parties," the court said.
http://articles.timesofindia.indiatimes.com/2013-09-04/mumbai/41764876_1_father-mother-children
Observing that children must spend time with both parents, the court said, "Access of the children is not for the pleasure of the parents, it is for the welfare of the children. It appears the parents are trying to make capital of past incidents that took place between them, to fight on the point of access and custody of the children but that should not happen in the larger interest of the children."
The mother said in her petition that the father had treated both daughters badly. She said that on a trip to Murud-Janjira, the father had told the elder daughter to hold three cans of beer.
She said that in June 2011 the couple quarreled and he threw the daughter's brand new cellphone into the dustbin. The mother said he had verbally abused the child. She said the daughters were staying with her since last November, and the father would harass them at school.
But the father said there was no evidence to establish those incidents.
He said both were tutored and their minds were poisoned by their mother. He said being the non-custodial parent he was concerned about their welfare and must get to meet them.
The court took into consideration a report by a counselor appointed when the father had filed a plea seeking permission to spend time with the younger daughter on her birthday. "On perusal of the counselor's report, it is revealed the children were under great influence of their mother as they are with her since separation of the parties," the court said.
http://articles.timesofindia.indiatimes.com/2013-09-04/mumbai/41764876_1_father-mother-children
