The bench said it is well established in law that while deciding a custody dispute, “primary and paramount consideration is always the welfare of the child”.
THE SUPREME Court on Tuesday sought to remind that irrespective of which party wins in a custody battle, “the child is always the loser”.
Hearing one such matter where the parents had been unable to come to terms over the custody of their two children, a bench of Justices A M Khanwilkar and Ajay Rastogi said in such cases, “it is the children who pay the heaviest price as they are shattered when the court by its judicial process tells them to go with the parent whom he or she deems fit”.
The court said that “the rights of the child need to be respected as he/she is entitled to the love of both the parents” and underlined that a breakdown of marriage “does not signify the end of parental responsibility”.
The bench said it is well established in law that while deciding a custody dispute, “primary and paramount consideration is always the welfare of the child”.
“If the welfare of the child so demands, then technical objections cannot come in the way. However, while deciding the welfare of the child, it is not the view of one spouse alone which has to be taken into consideration. The courts should decide the issue of custody on a paramount consideration which is in the best interest of the child who is the victim in the custody battle,” the bench ruled.
In the case, the apex court noted that the Delhi High Court made an attempt to effect a settlement.
The judgment also noted that the Supreme Court too had time and again made efforts “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”.
The judgment referred to the report of a psychotherapist, tasked by the High Court “to ascertain the background facts regarding the relationship of the children with their father… and paternal grandparents before they joined the sole custody of their mother”, which had attributed the death of the grandparents to the fight between the couple. “It is unfortunate to notice that because of a warpath of the couple, both the paternal grandparents died during pendency of the proceedings,” the judgment said.