In a recent landmark case concerning marital discord, the Supreme Court bench comprising Justice Vikram Nath and Justice Rajesh Bindal, has emphasized the pivotal role of both parents in fostering the proper growth of a child. The court underscored the significance of ensuring that children receive love and affection from both parents for their overall well-being.

The case unfolded when a husband, who initiated a divorce petition, faced a counter-complaint from the wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Seeking maintenance and temporary custody of their child, the wife secured a favorable ruling from the Trial Court, mandating the husband to surrender custody. However, the husband failed to comply with the court order.

Despite efforts at mediation in the High Court's Mediation Centre, the dispute persisted. The court, recognizing the potential impact on the child, took the unusual step of directly interacting with the child, who adamantly refused to be with the mother. Senior counsel V. Mohana was enlisted to further engage with the child, leading to positive progress, with the child eventually agreeing to scheduled meetings and phone calls with the mother.

The court acknowledged the child's current lack of the mother's love and affection but expressed optimism about the child beginning to receive such affection. Emphasizing the importance of both parents in a child's upbringing, the court proposed a flexible arrangement for the parents to collaboratively determine meeting details, considering the child's study schedule.

Responding to Ms. Mohana's suggestion, the court directed the Mediation Centre to organize an interaction between the child and a counselor outside the Court Complex. Recognizing the child's autonomy at 12 years and 9 months, the court concluded that awarding custody to the mother at this juncture wouldn't be in the child's best interest. Instead, the court granted visitation rights to the mother, enabling continued contact through phone calls.

In a decision that prioritizes the child's well-being and maintains a connection between the child and the mother, the Supreme Court has disposed of the appeal, outlining arrangements that strike a delicate balance in this complex custody dispute.

Case: Selvaraj vs. Revathi,

CRIMINAL APPEAL NO(S). OF 2023

(Arising out of S.L.P.(Crl.) No.9914 of 2018).

Click here to read/download judgment.