08 February,2024 02:30 PM IST | Mumbai | mid-day online correspondent
Bombay High Court/ File Photo
The Bombay High Court has chastised a father for fraudulently claiming racial prejudice as a reason for illegally transporting his minor daughter from the Netherlands to India last year, during a custody battle with his Dutch wife's family. A division bench of Justices A S Gadkari and Shyam Chandak delivered an order on Wednesday dismissing the man's claim of racial discrimination as "completely hollow and a sham plea," citing India's zero-tolerance policy towards racial discrimination. The court condemned the man's conduct, claiming that they harmed the image of India and its people, reported PTI.
"India is undoubtedly known for its zero tolerance policy towards racial discrimination. The man has lowered the image of India and its citizens in the view of the petitioner (woman) and her fellow nationals," the court said, per PTI report.
According to the report, the court was hearing a petition submitted by the lady, a Dutch national, seeking custody of her five-year-old daughter, who had been transported to India by her ex-husband in defiance of a court ruling in the Netherlands that granted custody to the mother. The man eventually sought permanent custody of the child in a Mumbai family court, citing racial discrimination to defend his actions.
The High Court dismissed the man's racial discrimination claim as an afterthought intended to avoid the Dutch court's rulings. It ordered the guy to hand over custody of the girl to her mother for repatriation to the Netherlands, the report stated.
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The court, while passing the order, stated that it was important to put the child's wellbeing and interests first in custody disputes, citing the psychological harm caused by parental alienation.
"This is the doctrine of 'Parental Alienation Syndrome' that is the efforts made by one parent to get the child to give up his/her own positive perceptions of the other parent. The court should decide the issue of custody only on the basis of what is in the best interest of the child," the HC said.
Noting the child's deep links with her mother and her unfamiliarity with India, the court determined that the man's actions violated the Dutch court's decision and resulted in the child's illegal imprisonment in India. "Therefore, the child deserves to return to her country," it said, per PTI report.
Reportedly, the HC ordered the man and woman to follow the visiting rights indicated in the Dutch court's judgement, emphasising the importance of both parents' support for the child's development in a nurturing environment rich in varied traditions and cultures.
"There is great physical, mental and emotional bonding between the mother and child. Both need the company of each other. This is very important for a girl child of the tender age of five years," the HC said.
"The child is of a tender age and thus requires equal support of both parents to see that she grows under the umbrella of diverse tradition and culture of the two countries and steps into the world as a respectable person," the HC said.
With PTI inputs
