MUMBAI: “Children cannot be treated as chattel or property where the parents would have absolute rights over the destiny and life of their children,’’ said the Bombay high court, observing that the paramount consideration is the welfare of the child and not the legal rights of the parents.
A bench of Justice RD Dhanuka — recommended by the Supreme Court collegium to be the Chief Justice of the HC — and Justice Gauri Godse on April 11 held it necessary "to strike a balance" in deciding between a parent’s right and a child’s right, as the HC directed that both parents are "expected to give preference to the welfare of the child over their own rights."