Welfare Of Child Is Of Utmost Importance In Case Of Matrimonial Disputes: Bombay High Court

The Bombay High Court at Nagpur Bench has held that though the provisions of the special statutes govern the rights of the parents, the paramount consideration is the welfare of the child, and therefore, for ascertaining the welfare of the child, the trial court was bound to make a thorough enquiry.

The Bench of Justice Urmila Joshi Phalke observed that the word “welfare” used under Section 13 of the Hindu Marriage Act, 1956 (HMA) has to be construed literally and must be taken in the widest sense since the moral and ethical welfare of the child must be looked into.

Advocate R.L. Kadu appeared for Appellant and Advocate A.J. Thakkar appeared for Respondent. Going by the background of the case, after a child was born from the wedlock of the respondent (applicant/husband) and the opponent/wife, there were matrimonial dispute between the applicant and the opponent. Since the opponent was not ready to cohabit with the applicant she left the home, the applicant approached the Woman Cell of Buldana Police and filed an application under Section 9 of HMA for restitution of conjugal rights. On the other hand, the opponent filed an application for a grant of maintenance under Section 125 of CrPC.