A bench of Justices V K Jain and B D Ahmed refused the man the custody of his minor daughters living in India with their mother who alleged having been harassed by him on various ocassions.
The bench also noted that during its interaction with the children, they expressed their wish to live with their mother "even if it is at the cost of being deprived of the company of their father."
The court also considered an order passed by the New Zealand court directing the mother of the kids to place them in its custody and said "the welfare of the minor is the paramount consideration, even in a case involving principle of comity of courts."
It also held if the woman is directed to go back to New Zealand with the children to live with her husband, she is likely to be harassed.
The bench also noted if the woman is subjected to cruelty in front of the kids, they would be traumatised and stressed, which would amount to "psychologically abusing the children under the laws of New Zealand."
While making the observation, the court considered some tape-recorded conversations and SMSes between the man and his estranged wife and found him have used filthy language. PTI AKI