Lawstreet Journal

Any act by a parent that results in the denial of a child's love and affection for the other parent by alienating the child is mental cruelty: Kerela HC [READ JUDGMENT]

Lawstreet Journal 24 May 2021 8:10pm

Image courtesy: Lawstreet Journal Judiciary Any act by a parent that results in the denial of a child's love and affection for the other parent by alienating the child is mental cruelty: Kerela HC [READ JUDGMENT]

COUNSEL: Advocates Aswin Gopakumar, Anwin Gopakumar, Kala G. Nambiar, Renoy Vincent, Niranjan Sudhir for appellant. 

Advocates: K.R. Arun Krishnan, Deepa K. Radhakrishnan for respondent.

The Justices A Muhamed Mustaque and Dr Kauser Edappagath, in deciding a matrimonial appeal filed by a husband accusing his wife of cruelty, said, "What is more painful than having one's daughters, one's own flesh and blood, deny you. Without a question, the respondent's above actions of willfully alienating the child from the appellant constitute mental abuse."

What transpired in Court

The Court made this statement when upholding a husband's appeal against his wife. The appellant had requested a divorce based on cruelty. His previous petition was rejected by the Thrissur Family Court.

‘Their marriage, which was solemnised in 2009 under the Hindu Marriage Act, was disrupted by indignation and anger on a regular basis, causing the appellant severe mental anguish and suffering, the appellant said’. The couple had a daughter after two years of marriage.

Family friends informed the husband about the birth of his own child. He was denied access to the child and was prevented from attending the facility by the wife's family. It was said that he was only willing to see the child after the District Legal Services Authority interfered. 

"The respondent deliberately alienated the child from the appellant, depriving him of his paternal right to love the child," Gopal's lawyer claimed.

The court, recognising the merits of the appellant's case, stressed that physical assault is not needed for brutality to… Continue Reading...


Tagged: Minister for Women and Child Development   kerala high court  
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