GRANDPARENTS CAN SEEK VISITATION
LANDMARK JUDGMENT – GUJARAT HIGH COURT
On 29 Aug 2016 the High Court of Gujarat passed a landmark
judgment giving hope to the aging grandparents to be with their grandchildren [
read judgment at - file:///C:/Users/hp/Downloads/C_FA_1856_2016_j_1.pdf
This is path breaking judgment because it is first step to
discourage women from using children as a weapon / tool to harass grandparents
and deprive the grandchildren the love and affection of their grandparents and
paternal relatives on which they have full right. We have been battling for
this for since 2013 but today we have seen the dawn and are sure now the days
are not far off when we will be with our grandchild.
The other point of concern is that never heard a court ask
the women as to why would she not let the grand child be with the grandparents.
The parents must realize that the conflict between them results in adverse effect
on the psychological growth of the child. The world is moving towards joint
custody and so is India. The law commission has submitted its report No 257 on
22 May 2015 to the Government, which
advocates joint custody, hopefully it will become a law soon. The report can be
viewed at: http://lawcommissionofindia.nic.in/reports/Report%20No.257%20Custody%20Laws.pdf
The emphasis in the matter is in the welfare of the child.
Tata Institute of Social Science carried out a study and
prepared guide lines for while dealing with the question of custody /
visitation and published paper with title “ Child Access and Custody
Guidelines” [ http://mphc.gov.in/PDF/ChildCustody/ParentingPlan-150115.pdf
] and the same or with little variations
have been circulated by the Maharashtra, Madhya Pradesh and Himachal Pradesh High
Courts to their lower courts for guidance. Once again the bottom line has been
the best interest of child.
One fails to understand how a mother can allow her ego to
influence her conduct to act against the welfare and wellbeing of the child whom
she claims to be in love with.
The point in question is that with a hope that one would
have a better time parting we are living in a imaginary world. We must accept /
accommodate and ensure that the marriage lasts. We don’t shun our parents,
brothers and other relatives because we take them to be part of our own life so
is our life partner. We decide to get married and are blessed by the almighty
by the most precious blessing that is children, we should be grateful to God
and thank him for his magnanimity. Even if parents decide to part for any
reason they should keep the children out of this mess or preferably hell in
their interest.
To conclude one can say that this judgment would go a long
way to provide succor to the grandparents / relatives / children.
