Covid separates single parents from their children

CHENNAI: Though divorces can be extremely stressful for the children, research suggests that kids recover rapidly after the initial blow. But, how much that situation can exacerbate, if it’s not possible for the estranged parent to visit his or her child for a long period? Separated parents in Chennai may have to find that question’s answer the hard way, as family courts and public places being closed due to the 
lockdown has virtually nixed their visiting rights.

John (name changed) working at a private firm in Bengaluru used to visit his seven-year-old kid at a child care centre on family court premises every weekend as part of his visitation rights. True to its nature, the pandemic ripples impinged on John’s rights to see his child too. It has been over three months since he has seen his kid. Not just John, hundreds of separated parents are not able to visit their children as courts and public places have temporarily shut due to the lockdown.

A Velu from Tirunelveli got divorced three years ago and has a daughter staying in Chennai. “I used to spend two to three hours every weekend with my child at the family court complex. Now the campus is closed and I am also not able to travel to Chennai. I have already brought this problem to the notice of my lawyer who will soon take it up with a judge,” he said.

Though apex courts have begun functions via video conference, proceedings are yet to pick up in family courts and not many fresh petitions are taken up at present, a section of family court advocates said.
“Maintenance and visitation rights that are part of the divorce agreements should mandatorily be honoured. However, much of the activity used to proceed as per monthly instructions from the court,” says V Kannadasan, president of the Family Court Advocates Association at Madras High Court complex. 

Some parents are also using this temporary suspension of court proceedings to skip monthly maintenance payments, he added. Another issue upsetting estranged parents is the courts’ insistence on the petitioner being physically present for the plea presentation. Senior advocate Sudha Ramalingam emphasises on doing away with this rule. Recently in Karnataka, a division bench of the High Court ruled that a person can file a petition at family courts through an advocate acting as an authorised agent. So, the petitioner need not be present in person for the plea presentation. Divorcees seek such an order in Tamil Nadu too.