Calcutta High Court Orally Warns Woman Against Using Child To Get 'Leeway' In Matrimonial Dispute Against Husband

The Calcutta High Court has orally warned a mother from using her child as 'a handle' to get leeway in a pending matrimonial dispute against her husband.

A division bench of Justices Sabyasachi Bhattacharya and Subhendu Samanta rebuked the counsel for the wife and stated that if she continued to use her child as "a pawn" in the proceedings, the court would grant custody to the father summarily.

The Court was informed that the mother had not complied with the order for regular visits to the father's home and was showing signs of mental trauma.

"We will outright grant custody to the father. No visitation rights. She will remain with her father. With mothers like her, children will never have a good future. How dare your client do this?! How can she not comply with the order of the court?," the bench enquired.

The bench emphasised that there needed to be a balanced contribution of both the mother and the father in the child's life for holistic development.

Counsel for the wife stated that she was willing to stay with the husband as well, and would take the child with her.

However, the bench took exception to these submissions.

"How can we compel him to take your client back? He has a divorce suit pending against her. We will absolutely not compel him to take her back. We are making it very clear, she cannot use her child as a handle in her matrimonial suit. This is blackmail...she is saying unless she goes back to the father the child will not go back? How dare she? Who is she?!," it questioned.

Court said that the wife had done sufficiently to attract its wrath, but allowed her an opportunity to present her case on the next date.

Case No: FMA/798/2023