Children should not be treated as a pawn on the chess board of a matrimonial battle between their parents said HC while rejecting a man’s application who had filed a petition to record the evidence of his eight-yearold daughter as a witness in a divorce case he had filed against his wife. Deposing against a parent in divorce case is traumatic for kid, and amounts to cruelty towards the child.
“It may be a legal battle for the parents but for the child it is an emotional exercise. There is no point subjecting the child to this trauma, which is more important, having regard to the long term effects of giving such evidence in the court for the child against her own mother. In such cases, it is not the question of either of the parents winning the case, but the child will surely be the loser if it is allowed to be used as a pawn on their chess board,” the bench said.
In his petition, the man had stated that the daughter was a witness to their matrimonial life and her evidence was essential to prove various instances of cruelty inflicted by the wife (upon him), including an attempt to commit suicide in the presence of the girl.