Ahmedabad:
The case relates to a suit pending before a family court in Gandhinagar district since 2023. The court noted that the child, a Class 9 student, would be seriously affected if made a witness in the dispute between his parents.
The husband then approached the high court, reiterating that the child’s testimony was necessary “to meet the ends of justice” and to establish facts relevant to the adultery allegation. “A child cannot be used as a pawn to show that mother of the child was living in adultery as it is always open for the husband to prove it through other evidence,” the court said. The court further said, “The interest of the child should be given preliminary consideration in the battle between husband and wife.
The husband had sought to prove that his wife was living in adultery, contending that he was not liable to pay maintenance and was entitled to a divorce. He moved the family court seeking permission to examine their son as a witness, claiming the child had knowledge of his mother’s alleged conduct and could testify about her alleged illicit relationship with a man in the village. The family court rejected the application, observing that bringing the child into the witness box could have a lasting impact on his personal and educational future. The wife opposed the plea, arguing that the child, who lives with his father, should not be forced into litigation between his parents, as it could harm his mental well-being. Justice M K Thakker dismissed the petition and upheld the family court’s order. In addition to that, in the mind of a child, the reputation and dignity of the mother is required to be protected. In that background, in the opinion of this court, no error is committed by the learned court in disallowing the application.”
The Gujarat High Court has ruled that a child cannot be used as a pawn to prove allegations of adultery against the mother in a matrimonial dispute, while rejecting a man’s plea to examine his 16-year-old son as a witness against his wife.