RAIPUR: The Chhattisgarh high court on Friday dubbed as "ostrich mindset" that decides a working woman's character based on the attire she wears.
A division bench comprising Justice Goutam Bhaduri and Justice Sanjay K Agarwal giving strong observation stated that it would be unfair to judge the moral image of a woman with such (misplaced) belief that decides the character of a woman and such views reflect an "ostrich mindset."
“If such ill-conceived exercise or perception is given the spotlight then it would be a long arduous battle to protect the right and freedom of women”, the court observed.
The court was hearing an appeal filed by a woman against a family court order which has given custody of her five-year-old child to her estranged husband.
The couple, hailing from the Masasamund district got a divorce by mutual consent after two years of their marriage in 2009. It was then agreed that the child would be in the custody of the mother, who is working in a private firm.
After the child turned 5 years the father filed an application in the family court asserting that further continuation of his son with his ex-wife will have ill-effects on the mind of the child as she wears jeans, T-shirt, works in a company with male members around, undertake field visits with male colleagues.
“She has lost her chastity since she works outside wearing such dress and with the men in office”, the man said in his plea.
The family court at Masasamund in 2016 issued an order granting permission to the father the custody of the child. Subsequently, the mother moved the high court seeking justice.
The high court set aside the directive of the family court and stated such an arrangement should be made by both the appellant (mother) and the respondent (father) so as to engage with the child with the feeling of a happy home allowing both to have a presence in his upbringing.
While the son will continue in the custody of the mother, the court allowed the father to interact with the child for one hour on weekends and 10 minutes on other days of the week. On weekends the mother shall allow the child to visit his father who can leave the son back the same day. Father can join his ex-wife and son during festival days.