When video calls of a woman ‘trapped in divorce’ proved damaging to the child
The Kerala High Court was disturbed very much when a division bench found that a seven-year-old girl child was tormented as she was sandwiched between the father and mother who were quarrelling and fighting in the court.
The father, a film artiste, had filed a petition for the custody of the child. The mother, a playback singer, resisted it. The family court allowed the minor child to be with the mother and father on different days.
It so happened that the video calls permitted by the family court turned out to be a nuisance for the minor girl. In fact it disturbed the peaceful life of the child, observed the HC. The mother was permitted to have video calls with the child daily. The details of chatting and video calls were produced before the high court.
The division bench had the feeling that the video calls were harmful to the child. The court was of the view that neither the father nor mother were concerned of the child’s agony when they fought in the court. She had already filed a petition as per the act for protection of women under domestic violence. The court said that the mother watched the child apprehensively while the child was with the father. Dramatic movements were created by the mother. The Court observed that if the parents violate the rights of the child, then court will have to step in.
The High court set aside the permission granted to the mother by the lower court to have video calls with the child. The High Court ordered that, whenever, the child is in the custody of either side, the other side is not permitted to have video calls.
If the parents continue to cause agony to the child, the High court reminded that the child will be taken away from the parents and entrusted to the institution as per Juvenile Justice Act.