Daijiworld Media Network - Panaji

Panaji, Apr 11: In a complex international custody battle, the Bombay High Court at Goa on Wednesday declined to grant interim relief to a mother seeking restoration of her 15-year-old son's custody, after he was allegedly taken from her in Canada by his father and brought to Goa.

The mother had approached the court through a habeas corpus petition, claiming that her divorced husband had ‘illegally and forcibly’ taken the adolescent from her care in Canada last month. However, a division bench of Justices Bharati Dangre and Nivedita Mehta, after interacting with the boy in the presence of both parents as well as separately, found that he had travelled willingly and expressed a clear preference to remain with his father.

The court acknowledged the emotional complexities of adolescence, stating, “Though the boy is below 18 years and therefore in a technical sense a child, he is away from maturity by two years. He has made a decision for himself, and we must recognise that he is not at an age to feel bound by decisions made for him by others, including the court.”

The bench noted that the teen harboured significant anger towards his mother and that forcing him back into her custody could be emotionally and psychologically harmful at this juncture.

“His relationship with the mother appears tumultuous. While he may one day reflect and reconsider his views, at present, he is full of rage. We do not intend to place him in a situation that may cause further distress,” the court observed.

Despite respecting his current choice, the court reaffirmed that the mother continues to retain legal custody and guardianship of the child as per consent terms in their divorce decree passed by the Panaji court. The couple, who married in Goa in 2000, had divorced by mutual consent, with the boy moving to Canada with his mother in 2019.

In a balanced approach, the court directed that the boy continue his education by enrolling in a virtual school, for which the mother must cooperate and complete formalities. Additionally, the father was ordered to ensure regular meetings between the boy and his mother, with a strong expectation that he help rebuild the mother-son bond.

The court expressed hope that time would allow emotional wounds to heal, stating that the child may eventually “shed the anger in him” and revisit his accusations with regret. For now, the court emphasized the importance of honouring the boy’s autonomy and emotional well-being.