Supreme Court Addresses Unusual Child Custody Case

In a recent child custody case, the Supreme Court of India, led by Chief Justice BR Gavai, addressed a unique situation involving a 12-year-old girl who demanded Rs 1 crore from her father as a condition for staying with him. The court expressed concern over the child’s behavior and warned the mother against influencing her daughter’s mindset negatively.

Background of the Custody Dispute

The case stems from a matrimonial dispute between the parents, where the district court initially granted custody of the child to the father. Despite this ruling, the mother has not complied with the order, leading to ongoing legal battles. The father’s contempt case was dismissed by the high court, prompting him to seek intervention from the Supreme Court.

Legal Proceedings and Court’s Observations

Senior Advocate PR Patwalia, representing the father, highlighted that despite a previous Supreme Court directive for a paralegal volunteer to ensure visitation rights, issues persist. The child reportedly attacked her father with a stick and has refused to stay with him unless he pays Rs 1 crore. Additionally, it was noted that the mother’s actions included removing the father’s name from school records.

Court’s Call for Mediation

Acknowledging the complexity of the situation, Chief Justice Gavai emphasized that punitive measures against the mother would not resolve the issue. Instead, he advocated for mediation as a constructive solution. Both parties agreed to this approach, and Hon’ble Ms. Justice Ritu Bahri, Former Chief Justice of High Court of Uttarakhand, was appointed as mediator to address all concerns.

Implications and Future Steps

The court’s decision to refer the case to mediation underscores its commitment to resolving family disputes amicably. This approach aims to prioritize the child’s well-being and ensure that parental conflicts do not adversely affect her future. The outcome of this mediation could set a precedent for handling similar cases in India.