No matter which parent wins but the child is always the loser in a matrimonial dispute

No matter which parent wins but the child is always the loser in a matrimonial dispute

The Supreme Court in this case of Soumitra kumar Nahar v. Parul Nahar , contended that the child suffers the most when the marriage of his parent’s breakdown. Justices AM Khanwilkar and Ajay Rastogi while considering a civil appeal in a matrimonial case, said that even if there is a breakdown of marriage it does not signify the end of parental responsibility.

” So far as the custody of the minor children is concerned, an endeavor  was  made by  the  High   Court  in   the  first instance  to resolve the inter se dispute between the parents keeping in view the paramount interest of the children as they are entitled to the love and affection of both the parents but if the parents are bent upon to lead to a separation or divorce, it is always the children who pay the heaviest price and are the sufferers.”

The courts understands the situation of a child facing such situation and considering the health and future of the child, it never grants the divorce at first instance. Alternative methods are applied to restore the marriage as judicial separation or if possible in resolving through the process of mediation.

APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF THE C.P.C FOR GRANT OF AN AD – INTERIM INJUNCTION

“All the endeavours are to be made to resolve the matrimonial disputes in the first instance through the process of mediation which is one of the effective mode of a ternative mechanism in resolving the personal disputes but if it could not make possible in resolving through the process of mediation, further endeavor must be made by the Court through its judicial process to resolve such personal disputes as expeditiously as possible.”

The court also understands the mental stress a child would go through while the the process of breaking down of marriage is being delayed by the court. The process is supposed to be completed and a decision should be concluded as soon as possible.
“Delay in decision certainly cause a great loss to the individual and deprive him/her of their rights which are protected under yhe Constitution and with every passing day, the child pays heavy price of being deprived of the love and affection of their parents for which they were never at fault but are  always the loser which at no stage could be compensated monetarily or otherwise.

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In the peculiar facts of the present case, the High Court of Delhi,in the first instance, made effort after holding a separate and joint session with the parents along with the children but nothing fruitful came forward and when the litigation came to this Court, tireless efforts were made by this Court keeping in view the paramount interest of the children.The orders passed by this Court to which a reference has been made in detail indicates that it would always remain in the interest of the parties to resolve these disputes amicably sitting across the table but unfortunately the ego of the warring parents come forward and the sufferings of the children are shadowed over it.”