A
mother's anxiety for her children's well being can't overemphasised but her
apprehension of "psychological trauma" to them need not be made an
obstacle in their education, the Delhi High Court has said.
The
court's observation came while dealing with an appeal by a woman against a
trial court order refusing to interfere with a "joint decision" taken
by her and her estranged husband to send their children to schools in the
United Kingdom (UK).
The
mother argued the two children may suffer psychological trauma because of
separation and should therefore be admitted in British School here or be sent
to the same school in the UK.
A
bench headed by Justice Suresh Kumar Kait observed it is in the interest and
welfare of a child that he is removed from "unhealthy environment of a
broken home" to a place for a good opportunity of proper education and
healthy growth.
Based
on its interaction with the children, the court observed they were keen to
study abroad and were able to secure admission in their respective schools
through hard work, and the mother herself had initially taken a decision
jointly with the father to let them go abroad for studies.
"So
being the case, the apprehension of the appellant mother that they may suffer
from psychological trauma, seems to be borne out of her own fear and anxiety
which need not be transmitted to the children or be made an obstacle in the
future educational path of the children," stated the bench, also
comprising Justice Neena Bansal Krishna, in a recent order.
"The
anxiety of a mother for the well being of the children can never be over
emphasized.. It can also not be ignored that the children's welfare would not
be compromised in any manner by sending them abroad away from the parents
especially when the children have worked so hard," it said.
The
court observed the children's own interest and hard work cannot be put to
naught because of the anxieties of the mother, which are without any cogent
basis.
In
the order, the court also noted that a child's healthy growth is bound to be
seriously affected when the atmosphere in the house is surcharged with tension
as a result of bitter squabbles between husband and wife.
Such
an environment, it recorded, causes misery and unhappiness to a child who has
to live in constant psychological strain in such a broken home in view of the
bitter relationship between the parents.
In
the order, the court also rejected the mother's request for relocation to UK to
meet the children by directing the father to bear her expenses, saying
"Her desire to relocate in UK cannot be considered as a concomitant to
welfare of the children" and she was free to make a plea in this regard
before the appropriate forum.
It
is her own wish and desire to be close to the children and she is free to make
her arrangements instead of claiming expenses for relocation from the father,
the court said.