HC: Mom's possessiveness may harm child's growth
MUMBAI, May 13 -- The Bombay High Court has flagged the "possessiveness" of a mother in a child custody dispute who disregarded her own undertaking and earlier court orders to deny the father access to the child, saying the presence and love of both parents is of great significance in a child's life.
Expressing displeasure over the child being referred to a psychologist, a division bench of justices Bharati Dangre and Manjusha Deshpande said, "We really find this to be disturbing. Had the child been permitted to enjoy the company of both his parents, it would have assisted him in developing into a healthy individual and there would probably be no need for the child to be referred to a psychologist."
A child in the formative years of development "can be shaped into what the mother moulds him into", the court observed - if she imbibes into him that it is not healthy for him to be in the company of his father, the child will carry that fear and will grow up with the same feeling.
The observations came in response to the father's plea seeking access to his son during the summer vacation, commencing May 1.
The court noted that in March 2025, the father had requested the court to grant him access to the child, and the mother had expressed her willingness to permit the same. Accordingly, the court had directed the father to take his son to his home every Sunday from 10am to 5pm. The father was also granted access to the child in May last year, after the mother readily agreed to allow him to spend 10 days with the child.
In July 2025, the family court had ordered the couple to explore the possibility of amicable settlement towards having a joint parenting plan to be implemented, the court observed. However, the meeting arrangements were not being "strictly followed" as the mother was not allowing the father access to his child, the court noted.
"At this stage, whatever may be the discord between his parents, the child must get the love of both, the father and the mother," the division bench said.
"We also find it very disturbing that the mother is not abiding by her own undertaking, where she agreed to provide access to the child to the father on every Sunday. The more she resists this arrangement, we are sure that the child will move away from the father and this is precisely what we want to be avoided," the bench added.
The court ordered reinstatement of the earlier arrangement allowing the father to access his son every Sunday, and permitted him to keep his son with him from May 15-20 and again from June 1-6 during the school summer vacation.
The court said it could focus on attempting to have a joint parenting programme on the next date of hearing, and clarified that when the child is with his father, the mother should be allowed to be in touch with him through telephonic and video calls....
To read the full article or to get the complete feed from this publication, please
Contact Us.