HC says couple should be friends after divorce

CHENNAI: Even though a man and his wife cease to be spouses after divorce, they continue to be ‘friends’, and both would retain their claim over their children, the Madras high court has said.
Disapproving of a woman who lodged a police complaint seeking custody of her child, Justice P Devadas on Thursday said family court, not police, is the forum to raise such issues.
The judge made these observations while granting anticipatory bail to N Veerapandian, who apprehended arrest by police in Chennai on a complaint from his ex-wife.
He said he filed for divorce due to serious differences of opinion with his wife, and it was granted in April 2013. As part of the divorce arrangement, he made one-time settlement of the maintenance amount and the wife consented to give custody of their son to him. He said he is now married and leading a peaceful life, and his ex-wife lodged a police complaint to wreak vengeance on him.
Justice Devadas said: “The effect of a decree of divorce is that the erstwhile husband and wife become friends, though they cease to be spouses. But so far as the child is concerned, they continue to be its parents. There is no law which will erase the parentage of the child although the parents are no longer husband and wife.”
Noting that family court judges can deal with child custody matters also, he said, “The complainant (ex-wife of Veerapandian) instead of going to police, could have gone to a matrimonial court by filing an appropriate petition.”