Divorce may be the end of the road for spouses but they can never be divorced from their responsibilities as parents, the Kerala High Court recently observed [Navin Scariah v. Priya Abraham]

A Bench of Justices Devan Ramachandran and MB Snehalatha emphasised that parents must be involved in their children's lives as partners regardless of their divorce or separation.

"Parents must find peace with each other and be involved with the child’s progress together as partners. They may be divorced as husband and wife, but they can never be divorced as parents. Their responsibilities as parents will continue as long as they live, notwithstanding whether they are husband and wife," the Court observed.

The Court made the observation while considering a contempt of court case filed by the father of a minor girl alleging that her mother was not allowing their child to interact with him.

This was in violation of the Court's previous directions, he contended, while making it clear that he is not seeking any action against the mother but only wants to be part of his young daughter's life.

He told the Court that he merely wants to be part of daughter's schooling and therapy sessions.

The counsel for the mother told the Court that she has never stopped their daughter from visiting the father but that the child was unwilling to do so.

The Court interacted with the parents and their daughter and noted that the child, despite repeated encouragement, refused to go to the father.

"She, no doubt, is attached to her mother, not as a parent alone but also as a caregiver; and perhaps, the thought that this litigation may finally entail action against her mother, must be disturbing her," the Court observed.

The Court opined that what the child needs is for both her parents to be given as much liberty as they need so that she can be cared for, especially considering her special needs.

"The child requires every care that the parents can give her, without any condition and in an unqualified manner. The rights of the child are that we are concerned about, and not that of the parties. The child surely obtains right to have her parents with her when she grows up, particularly when she requires special attention and therapy," the Court said.

The Court, therefore, closed the contempt case while making it clear that the father is at full liberty to be part of the daughter's therapy sessions and to monitor her educational and personal progress in life. However, he must not cause her any distress and must understand that his obligation is to care for her without any threats or intimidation, the Court added.

It also recorded the mother's counsel's undertaking that she would facilitate the same in the future.

The petitioner-father was represented by advocates Smruthi Sasidharan, and VP Brijesh.

The mother was represented by advocates V Philip Mathews, Athulya Sebastian and Aby Skaria.

[Read Judgment]