Flexibility needed in parental access cases,says HC

The family court had held that the daughters have reached an age when they are capable of taking decisions on their own. However,the father contended that as per law,access must be granted until the child is 18 years old.

In the order,Justice Roshan Dalvi noted that the husband and wife had had a very ‘acrimonious’ dispute with both filing several applications against each other.

The judge,who heard the father and daughters in her chamber,also recorded that the daughters displayed a very ‘venomous’ attitude towards their father.

“The daughters narrated to the court parrot-like what was mentioned in the petition containing expressions like harassment,cruelty,etc without any particulars or illustrations… Having been in the custody of one parent and having had absolutely no contact with the other,the source of such venom is easy to see,” Justice Dalvi observed.

The judge also observed that the father ‘patiently heard all the accusations’ and did not argue to assert his right.

However,ruling against the father,Justice Dalvi said,“In view of such vehemence,coupled with their (daughters’) age,the entire effort as counselling would be whittled down and would not be worth embarking upon.”

The order noted that no ‘hard and fast rule can be laid down’ in such cases. Significantly,the judge also observed,“It may also be mentioned that it is not the right of the parent that is to be determined in such applications,but the right of the child to have such access.”