Court is required to exercise parent patriae jurisdiction and compel the parties to do something which is in the best interest of the child.

17. This is an unfortunate case where due to a bitterly fought matrimonial dispute between the parents, the children have suffered. In our country, matrimonial disputes constitute the most bitterly fought adversarial litigation. A stage comes when warring couples stop seeing reasons. The children are treated as chattel. In such cases, the role of the Court becomes crucial. The Court is required to exercise parent patriae jurisdiction and compel the parties to do something which is in the best interest of the child.

18. It is important to note that children cannot be treated as chattel or property where the parents would have absolute rights over the destiny and life of their children. The paramount 22 ::: Uploaded on - 11/04/2023 ::: Downloaded on - 11/04/2023 15:22:00 ::: 902-ia-1780-2023-fca-17-2021.doc consideration is the welfare of the child and not the legal rights of the parents. In the present case, who is 15 years old, appears to be very clear in his thoughts and his future prospects. Thus, is required to be treated as an individual, and it is also necessary to respect his thoughts. If his thoughts and views are not given due weightage, the same can be detrimental to his future. Hence, it is necessary to strike a just and proper balance between the requirements of the parents and the welfare o 19. This is a very peculiar case where considering his past experience, has shown an unwillingness to meet his father. However, has expressed his willingness to meet his elder siblings. elder siblings and are now major. They were always residing with their father and presently are taking education in the USA. Due to the bitterly fought litigation between the parents, was deprived of having the company of his father and elder siblings. For the healthy growth of a child, it is necessary that a child has the company of both his parents as well as his siblings. is at a formative age as well as in a crucial stage of his education. It is thus necessary to strike a balance in deciding on the right of a father to meet his son the right of to meet his elder siblings and the right of to have the company of his 23 ::: Uploaded on - 11/04/2023 ::: Downloaded on - 11/04/2023 15:22:00 ::: 902-ia-1780-2023-fca-17-2021.doc father, by keeping in mind the views and wishes of 20. Due to unfortunate incidents in the past, which have remained in mind as scars, he has shown an unwillingness to meet his father. However, it is brought on record that had made attempts to organise zoom meetings to meet his father and siblings. It is in the interest of that he has the company of both his parents. It is also in the interest of that the scars in his mind due to the unfortunate incidents in the past are washed out. Both parents, who are bitterly fighting the litigation and are trying to impose their respective rights and wishes on are expected to give preference to the welfare of the child over their own rights. 21. It will never be possible for the Applicants to rewind the clock and give a healthy, happy and complete family, which he always deserved. However, both the parents should express some regret and take this as an opportunity and adopt corrective measures and help wash out the scars in his mind. They should give utmost priority to the welfare of and provide him safe and comfortable atmosphere to interact with his entire family. 22. From the material on record, we are of the opinion that 24 ::: Uploaded on - 11/04/2023 ::: Downloaded on - 11/04/2023 15:22:00 ::: 902-ia-1780-2023-fca-17-2021.doc is quite clear in his mind that he has no grudge whatsoever and would be happy to meet his elder siblings and interact with both of them. Though has expressed his unwillingness to meet his father, he has also said that he has no grudge against him. 23. Hence, in such a peculiar situation, it is the responsibility of the Court to enter into the role of a guardian for the child and, by considering the paramount interest of decide in what best manner, will be able to meet his father as well as his elder siblings and paternal grandmother. At the same time, the checkered history of the litigation between both Applicants cannot be ignored. 24. From the earlier orders passed by the Hon’ble Supreme Court, it is clear that Central Agency and Immigration Agency were required to be directed to allow the mother and free and safe passage to travel to Thailand from India. The litigation between the parents is fought bitterly. However, the child is not expected to suffer the brunt of the litigation of the parents. In such peculiar facts and circumstances of the case, it is necessary to issue directions which will be in the interest of The fact also cannot be ignored that though there was an Order passed by the Family Court, the mother has not complied with the Order, and the end result is that 25 ::: Uploaded on - 11/04/2023 ::: Downloaded on - 11/04/2023 15:22:00 ::: 902-ia-1780-2023-fca-17-2021.doc was unable to meet his father and his siblings. The mother may need protection as, in view of past experiences, she has avoided travelling back to India. 25. Thus, it will also be necessary to protect the mother, who is expected to travel to India only to enable the father to meet In view of the aforesaid facts and circumstances, we do not find any reason for imposing any conditions on the mother as submitted by the learned counsel for the father. 26. When we direct the mother to come to India with so that he can meet his father, the visit of the mother, as per the orders of the Court, will be only for the welfare of Thus, the father is expected not to create any obstacle in the way of the mother returning with In such an event, if the mother is not allowed to go back safely, it will do all harm to as his educational career in Thailand will be destroyed. Considering the past incidents, it is necessary that this important aspect is borne in mind by the State and Central Agencies. It is necessary that these agencies note that the mother – would come to India under the order of this Court only for the sake of , and therefore she must go back with safely. 26 ::: Uploaded on - 11/04/2023 ::: Downloaded on - 11/04/2023 15:22:00 ::: 902-ia-1780-2023-fca-17-2021.doc 27. Hence, the following order is passed: a) The mother, is directed to file a duly sworn affidavit-cum-undertaking by herself in this Court on/or before 17th April 2023, thereby intimating the dates of her visit to India along with for a period of ten days as per the dates convenient to The affidavit-cumundertaking shall also indicate the time and place convenient for to meet his father, elder siblings, and paternal grandmother. b) During the visit to India, the mother, will reside at her residence at Mumbai, along with c) The father, is directed to file a duly sworn affidavit-cum-undertaking in this Court on/or before 17th April 2023, thereby stating that he shall not initiate any complaint or trigger any action for the arrest/detention of and The affidavit-cum-undertaking shall also state that he will not create any obstacle in the way of and during their visit to India and their travel back to Thailand. 27 ::: Uploaded on - 11/04/2023 ::: Downloaded on - 11/04/2023 15:22:00 ::: 902-ia-1780-2023-fca-17-2021.doc d) The concerned State Agencies and Central Agencies shall ensure that in view of the directions issued by the Hon’ble Supreme Court in an Order dated 14th February 2022 in Miscellaneous Application No. 238 of 2022, the mother, and shall not be obstructed in any manner during their visit to India for the purpose of granting access to the father to meet and no hurdle is created to enable them to safely go back to Thailand. e) The mother, is at liberty to submit a copy of this order before the concerned State Agencies and Central Agencies to seek necessary protection for safe travel to India and back to Thailand