HC uses videoconferencing in custody battle to hear children from Sweden

  • | Sunday | 26th March, 2017

Rao said her client is willing to pay for the woman's return tickets to visit the children in Sweden. In October 2015, the Supreme Court confirmed the HC order allowing the daughter to accompany her father and brother to Sweden. He said while she will not press for custody of the son, she wants custody of her daughter and access to the son. The family court thereafter rejected her plea for divorce but retained their custody with her. The woman, an architect, brought the children to India in 2004.

MUMBAI: In a high-profile custody battle , involving the daughter of a former judge, the Bombay High Court on Friday used videoconferencing to ask the children if they would like to visit India from Sweden to be with their mother during vacations.The couple, of Indian origin, and their children are Swedish citizens. The woman, an architect, brought the children to India in 2004. The family court thereafter rejected her plea for divorce but retained their custody with her. In October 2015, the Supreme Court confirmed the HC order allowing the daughter to accompany her father and brother to Sweden. The children then returned to Sweden with their father, an IT professional. The boy is now 16 and while the daughter is 23 and has Down's Syndrome.The HC is now finally hearing the wife's appeal against the family court's order dismissing her divorce plea. At an earlier hearing, the judges suggested the couple settle the matter amicably if possible. Both agreed to divorce by mutual consent and withdraw allegations in India as well as in Sweden.Before a bench of Justice Abhay Oka and Justice Anuja Prabhudessai, the husband's advocate Manjula Rao said he is willing to a divorce under 13B (by mutual consent) of the Hindu Marriage Act, subject to her signing consent terms. The terms include her agreeing to simultaneously sign a consent divorce before the Swedish court, not press for custody of the children and not claim maintenance or any right, interest, share in his property in India or abroad.Senior advocate Yusuf Muchhala, appearing for the wife, put forth two monetary claims including for interim and permanent maintenance. He said while she will not press for custody of the son, she wants custody of her daughter and access to the son. She also wants regular access to the children in India during vacations. Rao said her client is willing to pay for the woman's return tickets to visit the children in Sweden. "But she (the wife) is unwilling to go there," she added. Muchhala said his client is not willing to travel to Sweden as she has "an intense sense of insecurity of being putting under any kind of legal duress."To resolve the issue of custody and access, the bench fixed a videoconference after court hours on Friday with just the parties, their advocates and the judges. During the hour-long discussion, the judges interacted with the husband and the couple's two children. They posted the next hearing and another videoconference for April 21, to again persuade the children to spend time with their mother in India.

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