Child's Future Not Safe With Mother Who Fails In “Pious Duties” Towards Husband: Pune Court
A woman is expected to keep her marriage vows, care for her husband physically and emotionally, pray for him and seek his good and in case she does not perform these 'pious' duties towards her husband, then future of their child is 'unsafe' with her, held a Pune Family Court recently.In-charge Family Court Judge Ganesh Ghule passed an order on May 16 granting the custody of a minor boy to...
A woman is expected to keep her marriage vows, care for her husband physically and emotionally, pray for him and seek his good and in case she does not perform these 'pious' duties towards her husband, then future of their child is 'unsafe' with her, held a Pune Family Court recently.
In-charge Family Court Judge Ganesh Ghule passed an order on May 16 granting the custody of a minor boy to his father, after making certain observations against the mother, especially that she failed to perform her 'pious' duties towards her husband.
Judge Ghule noted one of the allegations raised by the husband that the wife had threatened to jump from the balcony which cannot be taken lightly, though it would have to be proven with cogent evidence at the stage of final hearing of the case. However, this incident, the judge said indicated the wife's behaviour and further her conduct of filing multiple cases against the husband etc too, spoke volumes.
"Number of litigation she initiated expressly exhibits that she has forgotten that, the Petitioner is the Janak Pita of their child. The husband, from she is expecting huge monetary assistance but, not exhibited a single word that she is ready to patch up. Pious duties of a wife towards her husband, nurturing the home, maintaining the respect, providing emotional support in traditional and religious perspectives, managing the household diligently, communicating with kindness, creating welcoming environment – these appears to be foreign terms to her. Keeping the marriage vows, caring for her husband physically and emotionally, praying for him, and seeking his good in all things is expectation however she treated him as if he and his family is her seven generation enemy thus, in the company of such a women, the future of the Child is not safe," Judge Ghule remarked.
The judge further said that If the child hears the 'poisonous' words day-to-day for his father, his bonding with his father would definitely be ruined in a very short time and thus, to save the such a lovely relationship of "Baap and Mulga," (father and son) according to the judge, it would be better for child's future to rest in the nest of his father.
Further, the judge discussed about some WhatsApp Chats between the wife and the husband wherein she told him that his son was frightened because of his 'crooked' behaviour and also that she forced her son to text the father that he doesn't want to see him and threatened the child that she may kill herself if he does not text the father in such manner.
"If a child of tender age came across the messages like this, it would not take much time to form a concrete adverse opinion about the person against whom he is poisoned. Thus, to safeguard the bright future of child, the situation warrants his urgent removal from the mother. Else, for her ego she may use the child as a weapon against the father," the judge observed while adding that the electronic evidence would be considered properly at the final stage.
In his detailed 29-page judgment, the court also made observations that generally the wife often seeks to "win" emotional safety, partnership, and consistent, proactive love. It said that the core need is frequently to feel seen, cherished, and understood, rather than merely being cohabitants.
"But in this case, she is fighting by tooth & nail for material possessions. Thus, in her custody, I do not see the good prospectus of the child," the judge said.
Further, the judge pointed out that since the couple briefly lived in Singapore and the child was brought to India from his father's 'lawful' custody there, a court in Singapore had ordered the wife to hand over the custody of the child to his father, in an ex-parte order. The judge noted that the wife had not challenged the said order and continued to 'disobey' the said order.
"She is facing allegation that, despite Courts orders, by one or another reason, she refused to give the access. She totally forgotten that, the child belongs to both. In a legal battle between the wife and husband, she is utilising the child as a pawn. Whether disobedience was willful or not, will be taken into consideration after full fledge inquiry but, what I perceived from the entire observation of case, the Wife/Mother not obeyed the Court's order in true letter and spirit. Once judicial order is passed who ever s/he may be, cannot refuse to obey it. In short, I see that future of tender age child would not safe in the custody of such a disobedient person," the judge opined.
Further the judge held that the wife cannot treat the child as per her whims and block her in-laws and even her husband from accessing the child after al she is the 'Bahu' (daughter-in-law) of the family.
While speaking about the father, though in the initial part of the order, Judge Ghule has observed that he would not be considering the financial status of either of the parties, however, in the later half of the order, the judge noted that the father appeared to be financially capable to admit his son in Cambridge-curriculum schooling, his healthcare and enrichment.
"He is available for child's care. He always used to travel not disqualify him to get the custody of his own child. His paternal grandmother is prepared to remain with the child. He is having 3BHK apartment at Singapore (gated community, parks, schools nearby), full-time domestic helper, separate room for child. These things definitely shows that, he is much capable to nourish his own child. No doubt, the maternal side of the child also flourishing love upon him; still, blood is thicker than a water. As a biological father, what the Petitioner would think, (perhaps) nobody from the maternal side would think so," Judge Ghule said.
As regards the allegations of the wife against the husband especially about his alleged extra-marital affair with a maid and also his conduct with his office female colleagues etc, the judge said that the same can be considered at the final hearing stage.
"I reiterate, it is very easy make casual allegations as regards the chastity. But, those need cogent evidence. Still for a moment held that – the husband is a person of loose character still does it mean – he is a bad father. Answer is obvious – Big No.... I most respectfully state that, a mother carrys a child for nine months, undergoes significant physical and emotional changes, culminating in intense labor pains thus her contribution is also precious; no doubt but, at the same time though not openly exhibited, true love of the father towards his child always goes unnoticed. But when the parents themselves keep fighting based on their ego issue then, it is for the Court to act as a parents patria," the judge said while ordering the custody of the child with his father.
With these observations, the court ordered the wife to hand over the child's custody to his father.
Case Title: AAG vs KAG