CHENNAI: The Madras High Court observed that children were used as a ‘pawn’ in ego-driven fights between fathers and mothers, and their growth and future were affected.
The observations were made on Tuesday by a division bench of Justices PN Prakash and N Anand Venkatesh while dealing with a child custody case. The matter was related to a habeas corpus petition filed by Kiran Chava, a US citizen, seeking custody of his twins who were “under the grips” of their mother Usha Kiran Anne in India.
Recalling an order passed by a US court granting permanent custody to the petitioner, the bench ordered Usha Kiran Anne to return the children to the United States of America within six weeks and hand them over to their father within eight weeks.
The court said the children’s best interest can be ensured only if they return to USA as they are “naturalised American citizens”, brought up in the social and cultural milieu of USA. “The children have not developed roots in India and hence, no harm will be caused if they return to USA,” it added.
“Alas, gone are the days when children used to enjoy their childhood and they are now helplessly made to witness the fight between their father and mother, because of their petty egos and it is painful to notice that in most of those fights, it is the children who are used as a pawn,” the bench said. The mental health of such a child takes a beating, it said, adding that how such a child was going to grow and manage relationships was a million-dollar question.
Kiran Chava and Usha Kiran Anne both US citizens were married in 1999 and had two children. Later, after clashes, Usha brought her children back to India in 2020. She did not return despite repeated requests and legal notices from her husband.