SC concerned over rising number of divorce cases
Supreme Court noted that resolution between parents is preferable from child’s perspective.
New Delhi: The Supreme Court has expressed serious concern on the increasing number of divorce cases in the country and asked the couples to sink their differences for the welfare and best interests of children.
The court said, “Divorce and custody battles can become quagmire and it is heart wrenching to see that the innocent child is the ultimate sufferer who gets caught up in the legal and psychological battle between parents. The eventful agreement about custody may often be a reflection of the parents’ interests, rather than the child’s.”
A bench of Justices A.M. Kanwilkar and Ajay Rastogi said that the issue in a child custody dispute is what will become of the child, but ordinarily the child is not a true participant in the process. While the best interests principle requires that the primary focus be on the interests of the child, the child ordinarily does not define those interests himself or does have representation in the ordinary sense.
The bench noted that the child’s psychological balance is deeply affected through the marital disruption and adjustment for changes is affected by the way parents continue positive relationships with their children.
To focus on the child rights in case of parental conflict is a proactive step towards looking into this special situation demanding a specific articulation of child rights.
Disposing of an appeal relating to child custody battle by NRI couple settled in the USA, the bench said the judicial resolution of a custody dispute may permanently affect or even end the parties’ legal relationship but the social and psychological relationship will usually co-ntinue and it seems app-ropriate that a negotiated resolution between the parents is preferable from the child’s perspective for several reasons.