The Bombay High Court has observed that parents entangled in matrimonial disputes often go to extreme lengths to satisfy their egos, dismissing a woman's plea to have only her name listed as a parent in her child's birth record.
A division bench of Justices Mangesh Patil and Y.G. Khobragade of the Aurangabad bench, in their order dated March 28, emphasized that neither parent has an exclusive right over the child's birth record. The court condemned such petitions, calling them an unnecessary burden on judicial resources.
Calling the case a prime example of how matrimonial conflicts lead to multiple litigations, the bench imposed a ₹5,000 cost on the petitioner, deeming the plea a misuse of legal proceedings.
The 38-year-old woman had sought a directive to the Aurangabad municipal authorities to issue a birth certificate mentioning only her name. She claimed that her estranged husband was addicted to vices and had never even seen their child.
However, the court ruled that the father's alleged addiction did not justify excluding his name from the birth certificate.
"This case highlights the extent to which parents caught in matrimonial conflicts may act to satisfy their egos, disregarding the child’s welfare," the court observed.
The judges further noted that the woman's actions suggested she was treating the child as property rather than prioritizing their well-being. The court reaffirmed that a child's welfare is of paramount importance and dismissed the petition, calling it a "sheer abuse of the legal process and a waste of judicial time."
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