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Synopsis

The Madras High Court, in a case relating to visitation rights between a divorced couple, recently asked the woman to treat child's father at least as a guest, despite their differences, during his visit to the child. Court asked the woman to treat him with kindness and empathy while showing respect in front of child.

The bench of Justice Krishnan Ramasamy observed,

“The spouse shall treat (the) other spouse, though not as wife/husband due personal indifferences, but at least treat him/her as a guest by paying more attention than wife/husband since in our customs and practice, a guest is treated as “Atithi Devo Bhava (Guest is God)” and show kindness and empathy towards the guest who is none other than the parent of the child and respect him/her in front of the child.”

In the present case, the child is living with the mother. The mother filed an application for modification of the order in which the father was permitted to take the child to his residence on alternate days in a week between 6:00 PM 8:00 PM.

While looking at the order on visitation rights for modification, Court pondered over issues that visiting parents face during visitation which include miss behaving or ill-treatment by the other parent which leads to fighting in front of the child.

It also noted the instances of parents indulging in parent alienation which drives the child to behave indifferently toward the visiting parent. "It is an inhuman act in itself and amounts to poisoning of the mind of the child", stated the court.

Court while noting that it is an obligation on the parents having custody of the child to explain the rights of the visiting parent to child and convince them in cases where he/she is not willing and co-operating to see the mother/father. In case of a failure, he/she would be responsible for non-compliance, the court noted.

Madras High Court after modifying the order, permitted the applicant/father to visit the child in the residence of the Respondent/Wife on every Friday and Saturday between 6.00 P.M.to 8.00 P.M. to spend some time with the child.

Court further directed the wife to show hospitality by providing snacks and dinner, etc., to him and have the same along with her child and said that the parents would create a healthy atmosphere so that the child feels happy and enjoys the moments spending with his parents.”

Case Title: Ganesh Kasinathan v Richa Sharma