Allegations against each other by the parties claiming the guardianship may not disqualify them for appointment of guardian but one cannot use a child as a pawn to settle the score against another

Mrs Firoza Popere vs Mrs Usha Dhananjayan

Bombay HC

15/11/2017

FIRST APPEAL NO. 1118 OF 2014 WITH CIVIL APPLICATION NO. 573 OF 2015 IN F.A. NO. 1118 OF 2014 WITH CIVIL APPLICATION NO. 1976 OF 2015 IN F.A. NO. 1118 OF 2014

About/from the judgment:

Lodging an apparently false case of rape is a very serious thing. Allegations against each other by the parties claiming the guardianship may not disqualify them for appointment of guardian but one cannot use a child as a pawn to settle the score against another. To make the child aware of possible sexual assault or misbehaviour is one thing and to exploit her sexuality to blacken the face of the opposite party and bring it to disrepute is very objectionable and does not fit in the parameters of the “welfare of the child”. Hence, there is an attempt to create malice in the mind of the child against the family of her deceased mother. She is the most unfortunate child who has lost the love of both her father and mother and is shuttling between her two grandmothers.

 

The right to live with dignity, the right to preserve childhood and the human rights of the child are contemplated within the Fundamental Right to Life under Article 21 of the Constitution of India. Though the Constitution grants the Right to Religion under Article 25, under such circumstances, Article 21 stands on a higher pedestal than the right of religion. In fact, all the religions have noble principles and thoughts wherein human dignity is revered. No religion teaches that the child be exposed to vices, dishonesty and falsity. The child is innocent, rather innocence is itself the inseparable from the child. Thus, the welfare of the child very much includes protection of innocence of the child. To be innocent is itself the fundamental right of the child.

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