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High Court Orders Mother to Facilitate Communication Between Son and Father

On March 8, the Gujarat High Court directed a woman to arrange video calls with her husband in Australia, allowing their son to communicate with his father, whom he had never seen. The court emphasized the importance of creating a positive environment for the child to connect with his father, fearing that without such interaction, the child might not recognize him.

Chief Justice Aravind Kumar stated, “You can mark our words. The moment the child sees his father, he would say, ‘hello uncle’. This should not happen.”

Unfortunately, the court’s concern was realized soon after the order was issued. During a video call in the presence of their lawyers, the child refused to speak to his father, insisting that his mother was his entire world as she had been fulfilling both parental roles.

The court had ordered three consecutive days of video calls to foster bonding between father and son. However, the child rejected the interaction on the first day itself.

The case dates back to 2012 when the wife returned to India with their 9-month-old son after a rift developed in their relationship in Australia. She sought judicial separation, and the court arranged interim maintenance from the husband. Contempt proceedings related to this maintenance have been pending since 2015.

At one point, the woman traveled to Australia with her son, but her husband prevented them from entering the house. When discussions about resolving their issues began, the husband agreed to take his wife and son back. The woman, however, insisted that he come to India to fetch them. Instead, he sent three air tickets, asking her brother to accompany them back to Australia.

When the husband later complained that his wife was not allowing him to see the child, the court ordered virtual meetings. The bench, headed by Chief Justice Aravind Kumar, urged the lawyers to ensure the child spoke to his father. He said, “We do hope and trust that the meeting will ensure a reunion of the family which will be in the best interest of the minor son. The love, affection, and goodwill of both parents are required in abundance for the overall development of the child.”

Meanwhile, the husband requested his wife’s medical records to arrange treatment for her illness, but she refused to share the documents. The court noted, “A husband and wife are one in law, and there cannot be any secrecy between them.”

The court ordered the woman to send her medical records to her husband. The next hearing is scheduled for March 16, with the court seeking a report on the outcome of the video call meetings between father and son.

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