Is Indian judiciary biased towards the father in child custody issues? The mother usually gets custody of the minor child, under the age of five. I have some father who said to me that judge is not ready to understand their views and pain as much as they listen to mothers. The verdict delivered by judges impact significantly on father too. They are not cruel because they are not the mother.
Lawyer and community, to a large extent have a one-sided view about position of the mother in child custody issues such as, child can’t survive without mother and social sympathy etc and that might create more confusion over the exact position of a father for his right to get custody of his children irrespective of age of his children. It is undisputed fact that, at the age of breastfeeding, children should be given to the mother, however, the Supreme Court held that the welfare of the minor child is the paramount consideration while granting custody of the child either to father or mother, separated after divorce. The proposition of this statement does not mean that mother has no right over children however since the right of the mother is well recognized and even empowered by the judiciary, it is essential to recognise that father plays an inevitable role in child development and growth too and father in the absence of mother, is not evil or irresponsible.
Let us consider an example of Rajiv (Name changed) whose wife deserted him with she took two minor kids without the consent of Rajiv. And Rajiv tried his best for reconciliation with his wife for the interest of two children. His wife has no genuine reason for divorce however she suddenly realizes that she wants to live a free life and she loves kids so much that she wanted to keep kids with her. Returning to her maternal home, his wife filed domestic violence complaint against Rajiv with a motive that she can confirm custody of birth children is with her and she can put legal stress on Rajiv. However filing a false Complaint suddenly become her right and she doesn’t care police harassment and social humiliation caused by her husband and his family. Well, let’s be genuine, most of the people who are part of the judicial system or process know it very well that women misuse the law for their benefits, and rude behavior of police towards husband and his family, in fact, create significant fear of police among husband family. However, one should understand judiciary at the top is wise enough to address such issues and one of the recent judgment of Rajesh Sharma & Ors., CRIMINAL APPEAL NO. 1265 OF 2017 [Arising out of Special Leave Petition (Crl.) No.2013 of 2017] issued a new set of directions to prevent the misuse of Section 498A of Indian Penal Code. I think this judgment will definitely control law enforcement to abuse human rights of husband and his family. So, in the matter of Rajiv, children were studying in school, they were well settled with Rajiv’s family and their school friends and enjoying their childhood. Now for the desire of their mother, they are forced to sacrifice their child rights. In the case of Rajiv, he complied with all the duties of husband however when he was denied access to his children, it was an emotional upheaval for him. He first approached his wife’s friend and they replied,” She was so great and good that she can’t commit any mistake, you must have made some mistakes and they added, kids need mother, kid can live without father but how can a kid live without mother” That’s all that our society is made of. If a mother takes kids without the consent of the father, that’s her right and if husband restores the right of kids and bring kids peaceful, he becomes abductor. So contradictory. If some stories published in news against the husband, it is assumed husband is evil, however, if a story published against wife, it is said by few people, they husband has got it published.
When someone suffers, only he knows the pain. Women and Men are equal and they both become a parent when they give birth to a child. And it can not be denied that one parent is superior to other. The social and emotional argument that, mother keep the child in her womb for 9 months is ridiculous because men cannot change scientific and natural part of the procedures. The paramount welfare of the child is essential and important than the right of parents. The “Womb Process” cannot be initiated without the semen of the men. The argument of “having a child in the womb for 9 months” to get child custody is null and void and it can be argued that the care, protection, and love provided by the father can override the contribution of mothers. Hence, case to case, role play and situation differs and society should understand that they should not be biased about mother or father when it comes to the child custody debates, however, the welfare of the child is important.
We see numerous incidents where a mother kills his child. The criminal intent of mother and father cannot be fathomed easily hence judiciary’s role is essential and father should be given equal and unbiased opportunity to present his case. The court has power however it is expected they use inherited power for the rights of a child without emotions however solely focusing on child’s welfare. A father is an emotional human being, just like a mother. Nature has given same pain to father as it has given to mother in the matter of children. They may have a different way of reactions however, that does not mean that father should losses his legal rights.
It is said that many times women are used as a production machine, in the same line, it can be argued, that in a child custody matters, the father should not be treated as a machine for the birth (production) of his child. Women are not as innocent as they look like in the matrimonial issues, therefore, many time courts of India has quoted that majority of the complaint filed by wife, are frivolous and false. It is a time where society should cultivate their thought process about equal rights and recognized that father is important for kids and in fact, both mother and father are equally important for the kid’s life and parent should look for compromise if they have no serious violence or criminal intent involved in their matter, for the sake of children’s right, life, and future. Remember, children did not knock on your door while you were having sex and asked for birth. Your responsibility as parents should be given more weight, than your ego and personal choices. Did you ever think what does your children require? Think twice.
This article doesn’t require a source of information, judgment, research, and section of penal code, as this article attempt to awake such conscious mind of parents, couple and judiciary. This article shares a summary of father’s pain, helplessness and child rights violation, at the same time it set equilibrium of father and mother’s rights and mention such rights is below the welfare of their children when a child is dragged in Custody battles.
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