MUMBAI: The Bombay high court (HC) has granted permission to a woman who secured employment in the US to take her underage daughter with her, but with the deterrent condition that failure to grant access to the child’s father in India may result in the mother losing her 50% share in a posh Pune flat to the father.
The case involves a couple who had been married for two decades and mutually consented to a divorce in 2020. Disputes arose when a Pune court granted custody of the child to the mother but allowed regular access to the father. Over the last three years, both parties filed multiple petitions, including a contempt plea by the husband against the wife for repeatedly violating child access orders. The wife, in turn, filed seven pleas against the husband. Criminal cases against each other were also initiated but eventually withdrawn.
A bench of Justices BP Colabawalla and MM Sathaye intervened to mediate, leading to a settlement between the warring couple, who filed consent terms on September 4. The consent terms stipulate that the father will have at least four days of virtual access, with each session lasting 15 minutes, and a month-long physical visit with the daughter during her school vacation in Pune.
While accepting the consent terms, concerns were raised by the father’s lawyer, Amol Jagtap, regarding the access provisions’ enforceability, especially given that the mother would be residing in the US, beyond the jurisdiction of the HC.
In response, and after hearing the wife’s lawyer Abhijit Sarwate too, the judges acknowledged the potential issues, stating, “We find this apprehension well founded…In the consent terms, there is nothing that is set out as to what would be the consequences if the order of access is not complied with. Considering that the applicant (mother) is now going to take the child outside the jurisdiction of this court, it would only be fair and equitable that if it is the case of the opponent (father) that the mother has violated the order in relation to access, he would be free to file contempt proceedings against the applicant.”
The HC said that if the mother is held in civil contempt for willfully flouting child access orders, she may be required to release her 50% share in a Pune apartment to the father. In case she fails to do so, the court can appoint a court commissioner to ensure the transfer of her share to the father. Additionally, the father may forward the contempt order, if passed, to relevant authorities for further action. The HC emphasized that these measures would help safeguard the father’s rights in the event of any contempt committed by the mother.
As part of the settlement, both parties withdrew their respective contempt petitions against each other, marking a resolution to their long-standing disputes.
The case involves a couple who had been married for two decades and mutually consented to a divorce in 2020. Disputes arose when a Pune court granted custody of the child to the mother but allowed regular access to the father. Over the last three years, both parties filed multiple petitions, including a contempt plea by the husband against the wife for repeatedly violating child access orders. The wife, in turn, filed seven pleas against the husband. Criminal cases against each other were also initiated but eventually withdrawn.
A bench of Justices BP Colabawalla and MM Sathaye intervened to mediate, leading to a settlement between the warring couple, who filed consent terms on September 4. The consent terms stipulate that the father will have at least four days of virtual access, with each session lasting 15 minutes, and a month-long physical visit with the daughter during her school vacation in Pune.
While accepting the consent terms, concerns were raised by the father’s lawyer, Amol Jagtap, regarding the access provisions’ enforceability, especially given that the mother would be residing in the US, beyond the jurisdiction of the HC.
In response, and after hearing the wife’s lawyer Abhijit Sarwate too, the judges acknowledged the potential issues, stating, “We find this apprehension well founded…In the consent terms, there is nothing that is set out as to what would be the consequences if the order of access is not complied with. Considering that the applicant (mother) is now going to take the child outside the jurisdiction of this court, it would only be fair and equitable that if it is the case of the opponent (father) that the mother has violated the order in relation to access, he would be free to file contempt proceedings against the applicant.”
The HC said that if the mother is held in civil contempt for willfully flouting child access orders, she may be required to release her 50% share in a Pune apartment to the father. In case she fails to do so, the court can appoint a court commissioner to ensure the transfer of her share to the father. Additionally, the father may forward the contempt order, if passed, to relevant authorities for further action. The HC emphasized that these measures would help safeguard the father’s rights in the event of any contempt committed by the mother.
As part of the settlement, both parties withdrew their respective contempt petitions against each other, marking a resolution to their long-standing disputes.
