On Thursday, in a candid expression of concern over the impact of matrimonial litigation on children, the Supreme Court examined a custody dispute in which two minor siblings had been separated between their parents. The Bench highlighted the emotional and developmental consequences of such separation and pressed for a concerted effort, through mediation or otherwise, to ensure that the children are raised together.
The case arose from a dispute between a husband and wife who have been living apart for several years. The Court was informed that their two minor children were also living separately, the son residing with the father and the daughter with the mother. The separation of the siblings became a central point of concern for the Court.
Counsel appearing for the parties apprised the Bench that mediation before the Apex Court Mediation Centre was currently underway. Both sides expressed willingness to explore a mutually acceptable arrangement regarding custody and co-parenting. The ongoing mediation was presented as the primary forum for attempting reconciliation or a workable resolution.
Justices J.B. Pardiwala and K.V. Viswanathan expressed disquiet over the circumstances, stating, "We are sad to note that the minor siblings are living separately. This separation is very painful. Siblings have to grow together. They have not committed any wrong. Why should they suffer?" The Bench reiterated its expectation that mediation should continue in earnest, emphasising that the children’s interests must remain paramount in any arrangement formulated by the parents.
The Court further observed, "We are sad to note that the minor son is with the husband, whereas the minor daughter is with the mother. This separation of the siblings is something very painful. The siblings have to grow up together. They have not committed any fault. We want the parties to continue with the mediation and, as far as possible, try to arrive at some settlement. Even if the parties decide to part honourably and peacefully, we believe that the siblings should grow up together. Either the husband will bring up the children, or the mother will bring up the children."
The Bench deferred further hearing of the matter, allowing the mediation process to progress. It clarified that if the parties ultimately choose to separate, the custody arrangement must nevertheless ensure that both children grow up together in the care of either parent.
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