In a significant observation that could reshape child custody norms in India, the Supreme Court has voiced deep concern over the common practice of separating siblings when parents undergo matrimonial disputes. The apex court emphasized that children should not suffer the additional trauma of being separated from each other due to their parents' conflicts.
Court's Emotional Response to Sibling Separation
A bench comprising Justices J B Pardiwala and K V Viswanathan expressed profound sadness while hearing a matrimonial dispute case on Thursday. The court was informed that the couple had been living separately for several years, with their minor children also separated - the boy living with the father and the girl with the mother.
"We are sad to note that the minor siblings are living separately. This separation is very painful. Siblings have to grow together. They have not committed any wrong. Why should they suffer?" the bench remarked emotionally. The justices underscored that even if parents decide to part ways, arrangements must be made to ensure siblings can live and grow up together.
Mediation Process and Future Directions
The court learned that mediation proceedings between the warring couple were already underway at the Supreme Court mediation centre. Accordingly, the bench deferred the hearing until the mediation process reaches its conclusion. However, the court made it clear that even if mediation fails and the couple decides to separate permanently, the welfare of the children must remain paramount.
In its official order, the court stated: "Even if the parties decide to part honourably and peacefully, we believe that the siblings should grow up together. Either the husband will bring up the children, or the mother will bring up the children." This strong stance highlights the court's commitment to protecting sibling relationships during family breakdowns.
Broader Implications for Family Law
The Supreme Court's observations challenge the conventional approach to child custody in separation cases, where children often get divided between parents. The bench's emphasis on keeping siblings together recognizes the importance of sibling bonds in child development and emotional well-being.
This ruling could potentially influence future family court decisions across India, encouraging judges to prioritize keeping siblings together when determining custody arrangements. The court's child-centric approach marks a significant shift from traditional practices that often overlooked the emotional impact of separating brothers and sisters.
Legal experts believe this observation could pave the way for more comprehensive guidelines on child custody matters, ensuring that children's rights to maintain family relationships with their siblings are protected even when parental relationships break down.
