Deprived of meeting kids, mother gets virtual access

Panaji: After a mother told Bombay high court that she is completely deprived of access to her two minor children and that even video-conferencing meetings are disrupted by her ex-husband, HC ordered video-conferencing interaction to take place at its mediation centre.

Advocate Ashwini Bandekar, representing the mother, told the court that the woman’s ex-husband switches off the VC facility and disrupts her access to the children. HC ordered the father to bring the two minor children to the mediation centre twice a month, where the children will interact through VC with their mother for half an hour.

The woman, in her petition, stated that she is a helpless mother who has been completely deprived of seeing or speaking to her two minor children, who have exclusively been in the custody of their father for more than five years despite repeated approaches to multiple courts. She stated that she resides barely 500m from the residence where her minor children stay, but is being denied access.

The matrimonial decree is silent on custody and visitation, and the children have been continuously retained by the father, resulting in severe parental alienation, she stated, adding that she has no maintenance, no access, and no effective remedy.

The court directed that the woman’s interaction with her children via VC will continue for the first six months, and thereafter the children will meet their mother physically once a month at the mediation centre.

“It is made clear that the respondent father will remain outside the mediation centre. The staff available in the mediation centre will assist the children in interacting with their mother through the video-conferencing facility,” stated Justice Neela Gokhale.

After interacting with the children earlier this month, the judge said the father must encourage both children to interact with their mother physically once a month, and through VC twice a month. It was observed that access to the mother is in the interest of both the children and their overall development.

However, advocate Vibhav Amonkar, representing the father, told the court that the children are not willing to physically meet their mother. The court said their reaction is understandable considering their long estrangement from her.