'Prioritize Child's Well-being Over Ego': Madras High Court Urges Parents for Reconciliation in Divorce Case

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Synopsis

In a divorce plea, the single judge bench emphasized to the couple that parting ways before the birth of a child is distinct from doing so after the child's arrival

The Madras High Court recently urged an estranged couple to put aside their differences in recognition that no mistake is beyond forgiveness and no pain is insurmountable.

The bench of Justice P. Velmurugan asked the parents to consider doing so for the sake of their five-year-old son, emphasizing the importance of preventing the innocent child from enduring the consequences of having parents driven by ego.

During hearing in a divorce plea, the judge emphasized to the couple that parting ways before the birth of a child is distinct from doing so after the child's arrival.

The judge questioned the ethical stance of denying a child the love and care of both parents, highlighting the potential harm of subjecting children to the unkind realities of society.

Upon the father's assertion in court that he had endured significant mental distress due to his estranged wife, the judge acknowledged the emotional strain he had experienced. The judge, however, said, “I don’t dispute that. You may have undergone such an agony. No one is going to come to court and pay thousands of rupees to the lawyers without genuine suffering. My simple question is what mistake did your child commit?”

The judge prompted the man to consider the potential emotional turmoil the child would endure if raised by a single parent. The judge emphasized that occasional visitation rights, whether monthly or weekly, cannot substitute for the continuous and vibrant presence of both parents alongside their child as they grow, marry, and establish their own lives.

The judge also urged the child's father not to believe he was alone in facing difficulties with his wife, emphasizing that about ninety percent of couples, whether in arranged or love marriages, encounter compatibility issues after marriage. 

Justice Velmurugan clarified that the court could only encourage, not compel, reconciliation. He asked the father to deeply reflect on the matter for two days and return with a response particularly considering that the mother had expressed willingness to reunite for the benefit of their young son.

[Inputs: The Hindu]