In a recent judgment dated 23.09.2022 by Madras High Court it was observed that ego only destroys relationships and parents must keep their ego aside for the welfare of the children. The matter was between Mrs Karthika v. Superintendent of Police (HCP.No.1884 of 2022) and was presided over by Hon’ble Mr.Justice S. Vaidyanathan and Hon’ble Mr.Justice C. Saravanan.
FACTS OF THE CASE:
The wife filed a writ for habeas corpus after receiving a notice from her husband and getting to know that he is proceeding for divorce. The wife filed the petition to get her minor son back from the illegal custody of her husband.
Due to a matrimonial dispute the wife had gone to her patrimonial house for her second delivery during which her husband forcibly took custody of her 4 year old son from her. The husband later filed for a divorce.
JUDGMENT:
Observing the facts of the case the hon’ble court observed that undoubtedly there is a matrimonial dispute between the couple, however they should not let their ego act as a hindrance in the way of the welfare of the child. Quoting the case of Dr.P.Sasikumar vs. The Director, Animal Husbandry and Veterinary Services, Chennai and another [W.P.No.1613 of 2021] decided on 31.03.2021 the court observed that “Husband and wife must realize that, ‘ego’ and ‘intolerance’ are like footwear and should be left out of their house, when they enter the home, else, the child/children will have to face a miserable life”.
The hon’ble court further stated that ego only destroys a relationship. The court admitted that it did not have the authority to decide the custody of the child but to only clarify that the child is in no way under any illegal custody.
The writ was dismissed.
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JUDGMENT REVIEWED BY ADITI PRIYADARSHI
