2020 Supreme(SC) 170

SUPREME COURT OF INDIA
A.M. KHANWILKAR, AJAY RASTOGI, JJ.
SOUMITRA KUMAR NAHAR – APPELLANT(S)
VERSUS
PARUL NAHAR – RESPONDENT(S)
CIVIL APPEAL NO(S). 1670 OF 2020 (ARISING OUT OF SLP(CIVIL) NO(S).6201 OF 2016) WITH CIVIL APPEAL NO(S). 1671 OF 2020 (ARISING OUT OF SLP(CIVIL) NO(S). 16032 OF 2016)
Decided On : 18-02-2020

IMPORTANT POINT
Custody of child – Rights of child need to be respected as he/she is entitled to love of both parents – Even if there is a breakdown of marriage, it does not signify end of parental responsibility.

Headnote:

(A) Guardian and Wards Act, 1890 – Sections 7, 8, 10 and 11 – Custody of child – Rights of child need to be respected as he/she is entitled to love of both parents – Even if there is a breakdown of marriage, it does not signify end of parental responsibility – It is child who suffers the most in a matrimonial dispute – While deciding matters of custody of child, primary and paramount consideration is always welfare of child – If welfare of child so demands, then technical objections cannot come in the way – However, while deciding welfare of child, it is not the view of one spouse alone which has to be taken into consideration – Courts should decide the issue of custody on a paramount consideration which is in best interest of child who is victim in custody battle – If parents fail to enable themselves to decide their inter se disputes particularly in reference to custody of minor children, Court, after due scrutiny of records of case, reaches to any conclusion that always remain a guess work. (Paras 30, 31 and 33)

(B) Guardian and Wards Act, 1890 – Sections 7, 8, 10 and 11 – Custody of child – All endeavours are to be made to resolve matrimonial disputes in first instance through process of mediation which is one of effective mode of alternative mechanism in resolving personal disputes but if it could not make possible in resolving through process of mediation, further endeavor must be made by Court through its judicial process to resolve such personal disputes as expeditiously as possible – Delay in decision certainly cause a great loss to individual and deprive him/her of their rights which are protected under Constitution and with every passing day, child pays heavy price of being deprived of love and affection of their parents for which they were never at fault but are always loser which at no stage could be compensated monetarily or otherwise – It would always remain in interest of parties to resolve these disputes amicably sitting across table but ego of warring parents come forward and sufferings of children are shadowed over it – It is an ideal situation where grandparents remain in company of their children and also of their grandchildren, but very few are fortunate to have this pleasure in fag end of their life – In instant case, grandparents were not only deprived of love and affection of their children but also of their grandchildren and because of this matrimonial tussle between parties, they have lost their lives – It is a message to litigating parties to introspect and take stock of their deeds and find out a reasonable amicable solution of ongoing matrimonial discord to secure peace and of their better future – Interim arrangement made by this Court regarding custody/visitation rights of parties vide order dated 7th September, 2017 and further subsequent orders shall continue until further orders with liberty to parties to take steps in filing of a custody/guardianship petition for minor children before competent Court of jurisdiction. (Paras 34, 35 and 39)

Facts of the case:

Custody dispute. Husband Soumitra Kumar Nahar assailed the order of High Court of Delhi dated 4th September, 2015 which partly allowed appeal with the direction to the wife Parul Nahar to comply with consent terms qua the visitation rights of the appellant-husband Soumitra Kumar Nahar to meet son Master Shravan. At the same time, visitation rights to meet the daughter Sanjana were declined. It was also observed that if the daughter wishes to meet her father, she can do so at her own desire.

Findings of the Court:

Interim arrangement which has been made by this Court vide its Order dated 7th September, 2017 and orders passed thereafter shall continue with a liberty to the parties to file independent proceedings for the custody or guardianship of the minor children before competent Court of jurisdiction which, if instituted, may be decided independently in accordance with law and that alone would be in the best interest of the children.

Result : Appeal disposed of with directions.