Karnataka HC sends a child with maternal grandparents, rejects father’s plea for custody
Written by P Vasanth Kumar
Sunday, 24 June 2012 12:59
BANGALORE: In an interesting case pertaining to the issue of guardianship, the Karnataka high court has sent a six-year old girl child with her maternal grandfather while rejecting the plea put forward by her father seeking for custody.
"Having regard to the paramount consideration of the welfare of the child, we feel that the custody of the child is safe in the hands of the respondent (grandfather).The child is six years and she is well acquainted with the environment and surrounding circumstances and living happily with the grandparents.So,we do not prefer to interfere at this stage nor there are merits in the appeal" the division bench comprising Justices N K Patil and B V Pinto have observed in their order.
From the loving, engaged portrayals of fathers featured in recent popular movies like “The Descendants,” “Moneyball” and “A Better Life” — all three performances were nominated for Academy Awards — one might conclude American dads are culturally valued.
Look again. The mothers in these films are comatose, divorced or dead. It’s no coincidence. From Atticus Finch to today, there’s an unspoken Hollywood rule that fathers can’t shine too brightly in the face of active mothering. Dads are more likely to be accorded respect when they are “coping” — in effect, when they are surrogate mothers.
Dr Ponnappa hasn’t seen his nine-year-old son since he was three, when he received temporary custody for two weeks. A doctor by profession, he had moved to the US with his wife, where he came to understand that she was allegedly having an affair. Things went downhill rapidly from there, with his wife, who was pregnant by this time, wanting to come back to India. When she went into hiding, he filed for divorce. “I was asked to pay `50 lakh on dowry harassment charges, even my parents were roped in. I didn’t know when my son was born, I heard about it three weeks later and flew down to see him.”
With over 20,000 matrimonial cases pending before the Family Courts in the state and the number of these cases increasing by almost 30 percent every year, the members of Children’s Rights Initiative For Shared Parenting (CRISP), an NGO, dedicated to the cause of child rights and parenting, staged a demonstration at the Town Hall on Saturday, to mark Father’s Day.
Members of the organisation assembled near Town Hall inBangaloreto highlight grievances of fathers who are deprived of access to their children, and of children to their fathers. Kumar Jahagirdar, President of CRISP told that the protest was to demand family law reforms & to highlight the grievances of fathers who are deprived access to their children due to gender biased laws. Kumar told that children become voiceless victims since they loose their right to get connected to both biological parents.
Organised by Children's Rights Initiative for Shared Parenting (CRISP), the rally highlighted the tribulations of fathers fighting for custody and access to their children.
“We (CRISP) are trying to provide counselling services to people outside the court,” said CRISP president Kumar Jahgirdar. The participants also discussed problems fathers and children face due to separation and suggested that joint custody and shared parenting was the best solution when couples are estranged.
Shared parenting initiative demands reforms in family laws
Child Rights Initiative for Shared Parenting (CRISP), a Bangalore NGO fighting against parental alienation of children due to single-parent families because of divorce or separation, will observe a dharna on Father's Day on June 16 here demanding reforms in family laws.