It is well known that the real victims of matrimonial litigation are not the litigating couples, but their children. Often the fighting parents forget that they are mother and father to a child who needs care and protection from both of them. Last month, Apex Court bench comprising of Justices Kurian Joseph and R.F. Nariman ‘reminded’ a couple about this unfortunate fact.
The Apex court was disposing of an appeal which arose out of a High Court judgment wherein it had set aside the divorce granted by family court to the wife. The husband who contested the wife’s plea of divorce in family court, finally submitted before the Apex Court bench that he is prepared for divorce on mutual consent on appropriate terms.
It was in this context, the bench said ‘We only want to remind both, the father and the mother, that they may fight endlessly but the one person who is sandwiched, disturbed, pained, shocked and if not spoiled is their daughter. If the future of the daughter is kept in mind by both the father and the mother, they will think of disassociating themselves from all other differences between them. We are sure the parties would be in a position to reach a workable solution with regard to custody. After all the child needs both father and mother’
The Court disposed of the appeal directing the Family Court to take things forward and settle all the related aspects including custody of the child, bearing in mind the observation made by it.
Read the Judgment here.