HC dismisses minors' refusal to meet mom

JODHPUR: Turning down two minor children's denial in court on Friday to meet their mother, a single bench of the high court here said that they might be tutored to say this and ordered 6 weeks' counselling of the children by a psychiatrist.

Justice Arun Monga remarked that if the children do not want to meet the mother who gave them birth, it raises doubt whether they have been tutored to state this.

"'Nature has given the mother the power to give birth to a child, but the mother here is not able to see her children. Counselling by a mental health professional will only clarify the actual situation before the court, revealing the pressure on the children that is causing them to refuse to meet their biological mother," the judge said.

He further said, "Generally, children speak in favour of the party in whose custody they are. In such cases, a decision based on the children's wishes may not be in their best interest."

With this, the court also ordered the director of AIIMS Jodhpur to arrange for counselling of the children by a psychiatrist for 6 weeks and submit a report in the family court.

The court also imposed a penalty of Rs 2 lakh on the father for prolonging the case for a long period. The children are currently in their father's custody.

The mother had filed a petition in the family court against her husband in October 2021, expressing desire to meet her children. In May 2023, the court ordered the husband to bring the children to court.

The husband challenged this order in the high court, which directed the children to be allowed to meet the mother at a meditation center every Friday and also sending the children to meet their mother for one hour every alternate day.

In November, the father submitted in court that the children themselves do not want to meet their mother and, hence, cannot be compelled.

Objecting to this submission, the mother's lawyer, Salman Aaga, argued that the mother has the right to meet the children, and not allowing the children to meet their mother would be against their best interests.

On December 8, both children were summoned to court. When asked about their preference, both children expressed their unwillingness to meet their mother.