Women Fined for Not allowing Father to meet his son: Delhi High Court

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NEW DELHI: Failing to abide by the directives of the Delhi High Court, a woman on Tuesday was slapped with a hefty fine for not letting her estranged husband have access to their son once a week. Pulling up one Tina Oberoi for "poisoning" her son's mind against the father, Justice S N Dhingra imposed Rs 25,000 as fine on her for contempt of court.

Oberoi escaped being jailed after the high court considered how traumatic it would be for the boy to be at the centre of this dispute. The fine amount was also kept in abeyance as the judge warned her to abide by the court's directions in future. The court made it clear that if Oberoi failed to honour its order in future she would have to cough up the fine amount or in case of default in depositing the fine she would face imprisonment of two weeks.

"Although it is a clear case of contempt committed by the wife but I consider that it would not be appropriate to send the wife to jail since that would cause further trauma to the child and it would be appropriate if a fine of Rs 25,000 is imposed on the wife for defying the order of court," the court said.

HC also castigated Oberoi for attempting to brainwash the kid against the father. "There is a clear and wilful design of defiance of the court order by Tina Oberoi who used the child as a tool by poisoning his mind to such an extent that the child started crying on just seeing the father without any provocation in the court itself," observed Justice Dhingra.

Last week the court had expressed its displeasure over Tina's alleged bid to prevent her son from meeting his father every Sunday, despite court permission. "It clearly reflects that he has been well tutored by you to speak against the father," the judge said, adding that she should not poison the child's mind.

The court has granted visitation right to father, Aman Oberoi,on every Sunday at Kwality Sweets in Hari Nagar, Clock Tower, decreeing that the child will return to his mother by evening.

This is a small effort by Delhi high court to avoid the promotion of fatherless child society, but not sending the women behind the bar is double standarad.
The real problem is biased law and the offence by a wife termed as her birth right and they got whole sale free lincence to do the same and no punishment for that.

Now forget about the same type of offence done by a husband or not , a simple alligations by wife against the husabnd , let it be true or false, not only husband , his mother/sisters also should have been put behind the bar, which we have wittness earlier  cases where the husbands mother had been send to jail, where as the husbands mother had been taken care the child for more than 2 years and save the child's life, when the child's mother left the child and gone vanish and one day come abck and send the grand mother behind the bar for saving the child's life.
When this double standarad will stop and we will learn to accept that crime is crime and the Punishment should be same , irrespective of any sex, cast or religion?

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Comment(s): 3:

  • on 22 May, 2014 09:13:43 AM
    I want to get the PDF or JPEG copy of this judgement please send me on pinakin.shikari@gmail.com
    thanks
  • on 06 April, 2016 08:10:04 AM
    It is disgusting that who framed Indian laws?, which are not only biased but support cruelty by women. A child needs both father and mother. Why our laws failed to do justice to small children and father? This explicitly shows not only the double standards but also the corrupt practices being followed by law framing persons . It is cruel that a father and grand parents have to file a court case and spend lot of money to meet their dear children and grand children that too after the case is processed for one year or more. Is this not case of abduction case of children by the wife and blackmailing of husband and in-laws?
    It is also suggested that all the cases related to family dispute viz 498 A, 406, child custody and divorce be run concurrently in one court and decision be delivered within one year maximum.
  • on 15 June, 2016 23:49:56 PM
    I have been tortured by wife from 5yrs, she dose even give the phone to talk to me. I cannot meet him physically as she has taken him to Nagpur to her parents and i reside in Bangalore.
    In regards to the above article had it been father he would have been jailed also. Please not all women deserve goodness for you don't know to what extent of cruelty they can go to.
    Five years i have been burning within. With such laws they will get more freedom to torture MEN