Child cannot be used as chattel for custody: HC JUSTICE

High Court has even decided to appoint a child psychologist to ascertain as to why the minor girl is reluctant to go to her mother

Observing that a minor child cannot be treated as a “chattel” for claiming custody, Bombay High Court has stayed the orders of the Family Court that granted access of a six-year-old girl to her mother. The HC has even decided to appoint a child psychologist to ascertain as to why the minor girl is reluctant to go to her mother.

A single-judge Bench presided over by Justice Anant Badar was hearing a petition filed by Anirudha Herwadkar, father of the minor girl. The father had challenged the orders of the Family Court that granted his daughter’s access rights to his estranged wife.

In his petition, Herwadkar had alleged that his daughter was tortured and harassed both physically and mentally by his wife. He also contended that due his wife’s behaviour towards their daughter, the child has shown reluctance to go with her for the summer vacations. He claimed that his daughter was traumatised due to the injuries she has sustained at the hands of her mother.

On the other hand, Namita Herwadkar, the mother, has denied the allegations of harassing her daughter.

After hearing both sides at length, Justice Badar said, “Minors cannot be treated as chattel for claiming custody. The powers to grant access, visitation right or custody of a minor are not to be exercised in the interest of parents, but in the interest and welfare of a minor child.”

“While handing over custody of a minor, the Court is required to keep in mind that the overall welfare of the child will properly taken care of by the parent to whom the custody or access is being given,” Justice Badar said.

Justice Badar also noted that on March 7, the minor girl refused to go with her mother and rather held her father. The court also noted that the mother forcibly pulled the child leading to some bruises on her person.

“This, prima facie, indicates the serious trauma undergone by the minor girl, when she was being given in custody of the mother. She was ultimately hurt physically,” Justice Badar noted.

Justice Badar said, “This case appears to be a clear case of a child abuse. The child is seen to have been traumatised and physically injured not once but on two occasions in the process of giving access.”

Accordingly, Justice Badar concluded that a report of the child’s psychological evaluation done by a disinterested child psychologist will give some clue for the reason of her apprehension and reluctance to join company of her mother.