Observing that it isn't right to deprive access of a child to his/her grandparents, the Bombay HC has directed a Mumbai-based woman to let her 10-year-old son meet her former in-laws once a week.
A Division Bench of Justices S.J. Kathawalla & B.P. Colabawalla earlier this week rejected a petition filed by the woman challenging a family court order, which directed her to let her late husband’s parents meet their grandson once a week, or as & when they come to Mumbai from Delhi.
The woman, who has now remarried, in her petition claimed that when she was married to her late husband, she wasn't treated well by her in-laws. She also said her son had never met his grandparents since his birth.
The Bench, however, refused to accept this argument.
“The reason given by the appellant (woman) that she wasn't treated well by her in-laws can't be a ground to deprive access of the child to his grandparents. If the boy hasn't met his grandparents till date, it is the appellant who is responsible for it,” the court said.
The boy was born in Dec 2009. His father died in Feb 2010. The boy’s mother then started living with her parents & later remarried. The woman’s former in-laws approached the family court seeking access to their grandchild.
In June 2014, the family court allowed the grandparents to meet the boy whenever they visit Mumbai.
However, the woman didn't comply with the order following which the grandparents re-approached the family court seeking execution of its 2014 order.
The family court, in its order last month, directed the woman to allow the grandparents to meet the child on the court premises every Saturday, & warned that if she fails to do so, a fine of ₹5,000 would be imposed on her. The woman then approached the HC.
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