Dad and mom In Matrimonial Disputes Can…: Bombay HC On Plea Over Childs Start Document


Dad and mom embroiled in matrimonial disputes can go to any extent to fulfill their ego, the Bombay Excessive Court docket has mentioned, dismissing a petition filed by a lady looking for solely her identify to be talked about as mother or father within the kid’s start report.

Neither of the mother and father can train any proper in respect of their kid’s start report, Justices Mangesh Patil and Y G Khobragade of the HC’s Aurangabad bench mentioned within the March 28 order whereas deprecating such petitions.

The petition is a traditional instance of how a matrimonial dispute is a genesis for a number of litigations, the HC mentioned and imposed a price of Rs 5,000 on the petitioner, noting the plea was a sheer abuse of the method and waste of the court docket’s valuable time.

The 38-year-old girl had filed the petition, looking for a path to the Aurangabad municipal authorities to report her identify within the start report of her youngster as a single mother or father and subject a start certificates with solely her identify.

The lady in her plea claimed her estranged husband was hooked on sure vices and had by no means even seen the face of his youngster.

The excessive court docket, nonetheless, mentioned that simply because the daddy of the kid is hooked on vices, the mom can’t insist for granted to be talked about as a single mother or father within the kid’s start certificates.

“Neither of the mother and father can train any proper in respect of the kid’s start report,” it mentioned.

The bench in its order mentioned the current petition was a traditional instance of how a matrimonial dispute is the genesis for a number of litigations.

“This demonstrates to what extent mother and father, embroiled in a matrimonial dispute, can go to fulfill their ego,” the HC mentioned.

It’s fairly evident that the lady, to fulfill her ego, just isn’t even bothered in regards to the kid’s pursuits, the court docket mentioned, including that the welfare of the kid is of paramount significance.

“The aid being claimed, clearly demonstrates that she will go to the extent of treating her youngster as if it’s a property in respect of which she will declare some rights, ignoring the curiosity and welfare of the kid,” the bench mentioned within the order.

The lady was undermining the kid’s curiosity by looking for to say solely her identify within the start report, it mentioned.

Whereas dismissing the petition, the HC mentioned it has no method of doubt that the identical was a “sheer abuse of the method and waste of valuable time of the court docket”.

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