Supreme Court says tutoring child will result in hatred

During the pendency of matrimonial dispute, tutoring of the child either by the husband or the wife to keep the child in their custody will result in nurturing hatred and affect the welfare of the child, the Supreme Court has cautioned the parents.

A bench of Justices J. Chelameswar and A.M. Sapre, after interacting with one such child in a divorce case, said for the sake of their minor child’s welfare and taking advantage of temporary custody of the child, either the mother or the father should not influence her innocent mind by tutoring her and create hatred against others for their personal interest.

Justice Sapre writing the judgment said, “This is a fact which we unfortunately noticed while interacting with the child on two occasions. Indeed, we feel that such attempt on their part and especially the husband in this case may do more harm to the child in the long run. In our view, both parties being young and highly educated should realise such things for the welfare of their own child and make sincere efforts to come to mutual terms so that every one is able to live happily and enjoy family life. Such steps, if taken, will always be in the interest of everyone, including the child who needs protection, guidance, care, love and affection of both the mother and father.”

In this case, while entrusting the custody of a minor child Roshni with the father, the bench asked the family court in Delhi to decide in six months the matrimonial dispute between mother Ruchika Abhi and her husband.

Welcoming the judgment, Mr Kumar Jahgirdar, national president of CRISP, an NGO for the welfare of children, said the solution for this problem is to do compulsory counseling to the separated parents and the importance of the mutual cooperation in bringing up the child in the family courts which should not grant divorce for the asking. It said after all the divorce is between husband and wife not parents and children and the child needs both biological parents for normal growth.

The NGO urged Union law minister Sadanda Gowda to implement shared parenting law as recommended by the Law Commission and also disqualify the parents who brainwash their children against the other.