Shahin Akhtar
The Supreme Court of India on 21st July intervened in a child custody dispute, appointing a former Chief Justice of the Uttarakhand High Court, Justice Ritu Bahri, as a mediator to resolve the issue between a husband and wife. The Court’s decision came after, when the mother was criticized for allegedly coaching her daughter to assault her father with a stick and demand ₹1 Crore in return for going to reside with him.
A bench comprising Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran directed Justice Bahri to consider all pending issues between the couple. The Court’s order was passed on July 21, with the bench expressing deep concern over the child’s well-being. “You are unnecessarily dragging your child, you are spoiling the career of your child, you are spoiling her mind… come back someday,” CJI Gavai cautioned the mother.
The Court’s intervention came in response to a Contempt Petition filed by the husband regarding visitation rights granted by a Family Court. Senior Advocate PS Patwalia, appearing for the husband, submitted that the daughter had declined to meet her father at her mother’s behest and had even accused him of harassing her mother. Additionally, the father’s name had been deleted from the daughter’s school records.
The Supreme Court noted that punishing the mother would not achieve anything and instead opted for mediation to resolve the dispute. The wife’s counsel did not object to the mediation. The matter will be reconsidered by the Court after eight (8) weeks.
This case is not isolated, as Indian courts have consistently emphasized the paramount importance of a child’s welfare in custody disputes. In a recent judgment, the Supreme Court reiterated that the child’s best interests should guide the court’s decisions, even if it means departing from traditional notions of natural guardianship. The court’s approach in this case reflects its commitment to protecting the rights and well-being of children caught in custody battles.
Case Name: Sourabh Dhir v. Nikita Dhir
Case No.: Conmt. Pet. (C) Nos. 756-757/2024
Bench: Hon’ble The Chief Justice & Hon’ble Mr. Justice K. Vinod Chandran.
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