SC: Technical objections cannot come in the way of welfare of the child

The Hon’ble Supreme Court, on 18th February 2020, in the matter of Soumitra Kumar Nahar v. Parul Nahar  observed that in a custody battle, no matter which parent wins but the child is always the loser. If the welfare of the child so demands, then technical objections cannot come in the way.

The Hon’ble Supreme Court observed that:

In a custody battle, no matter which parent wins but the child is always the loser and it is the children who pay the heaviest price as they are shattered when the Court by its judicial process tells them to go with the parent whom he or she deems fit. (Para 2)

The rights of the child need to be respected as he/she is entitled to the love of both the parents. Even if there is a breakdown of marriage, it does not signify the end of parental responsibility. It is the child who suffers the most in a matrimonial dispute. (Para 30)

While deciding the matters of custody of the child, primary and paramount consideration is always the welfare of the child. If the welfare of the child so demands, then technical objections cannot come in the way. However, while deciding the welfare of the child, it is not the view of one spouse alone which has to be taken into consideration. The Courts should decide the issue of custody on a paramount consideration which is in the best interest of the child who is the victim in the custody battle. (Para 31)

If the parents are bent upon to lead to a separation or divorce, it is always the children who pay the heaviest price and are the sufferers. If the parents fail to enable themselves to decide their inter se disputes particularly in reference to custody of minor children, the Court, after due scrutiny of the records of the case, reaches to any conclusion that always remain a guess work. (Para 33)

All the endeavours are to be made to resolve the matrimonial disputes in the first instance through the process of mediation which is one of the effective mode of alternative mechanism in resolving the personal disputes but if it could not make possible in resolving through the process of mediation, further endeavour must be made by the Court through its judicial process to resolve such personal disputes as expeditiously as possible. Delay in decision certainly cause a great loss to the individual and deprive him/her of their rights which are protected under the Constitution and with every passing day, the child pays heavy price of being deprived of the love and affection of their parents for which they were never at fault but are always the loser which at no stage could be compensated monetarily or otherwise. (Para 34)

Copy of judgement: Judgement_18-Feb-2020

-Adv. Tushar Kaushik 

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