Pitru Paksha is a 16-lunar day period in the Hindu calendar when Hindus pay homage to their ancestors. This year, Pitru Paksha falls between September 10 and September 25. 

Pitru Paksha literally means “fortnight of the ancestors”. Homage is paid to deceased ancestors, especially through food offerings. Prayers are said to ensure that the souls of the ancestors go to heaven. 

There are specific rules to be followed during Pitru Paksha, including the requirement to feed any animal or bird that comes into the home during the period. 

Pitru Paksha was discussed in the recent decision of M.D. v. A. D., 2022 ONSC 5136. There, the event was described succinctly as follows: 

Every September, Hindus offer prayers to their ancestors during Pitru Paksha Shraddha, a 15-day period following the autumnal full moon. Hindus believe that the souls of their ancestors wander in a realm between heaven and earth—the prayers of the departed’s families during Pitru Paksha Shraddha free the departed’s souls and help them transition to heaven. 

In M.D. v. A. D., the parties were separated spouses. Together, they had a 4-year-old child. The mother wanted to take the child to India to observe Pitru Paksha. The father objected. 

The mother’s evidence was that her own mother had recently died, and that the ritual was of particular significance to her this year. The father’s position was that the child should not be allowed to travel as the risk that the mother would not return to Canada was not in the child’s best interests.  

The court agreed with the father and held that the importance of Pitru Paksha to the child was outweighed by the risk of abduction. The court considered the fact that the mother had little or no ties to Canada, the mother had attorned to the jurisdiction of Ontario, India was not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, the child was only 4 years old, and would miss his birthday party and first weeks of kindergarten if he was to travel to India 

For more information on Pitru Paksha, click here. 

Thanks for reading. 

Paul Trudelle