Parental responsibilities do not end with Breakdown of Marriage. - Synopsis
Nilanjana Ganguly 26 Feb 2020

“PARENTAL RESPONSIBILITIES DO NOT END WITH BREAKDOWN OF MARRIAGE”

The Supreme Court has noted that the couple's parental responsibility does not end even when there is a marital breakdown.

While handling a matrimonial case (SOUMITRA KUMAR NAHAR V. PARUL NAHAR), Justice AN Khanwilkar and Justice Ajay Rastogi observed that, no matter which of the parent gets the custody of the child, it is always the child who faces difficulty with coping up with the situation as he/she is shattered by the decision of court and the decision of staying with only one parent.

Bearing in mind the competing claims posed by the parties to the appeal-

A child is always entitled to the love of both the parents. Even if the parents decide to break the marriage or get apart from each other, parental responsibilities towards the child does not end or stop. In the case of matrimonial issues,it is always the child that suffers the most. It is also well decided by this Court's catena of decisions that, when ruling on child custody matters, the child's welfare is always the primary and supreme concern. If the child's wellbeing demands so, otherwise technological problems can't get in the way. While deciding on the child's welfare, however, it is not the opinion of one partner alone that needs to be taken into account, the court will rule on the issue of custody in the interests of the child who is the victim of custody.

The court said that in all the matrimonial cases, the issue should be tried to be resolved at first instance through the process of meditation which is one good way of solving self issues but if that does not work then the court takes judicial actions to solve personal matters in no time.

The court remarked and observed that if the process gets delayed then it definitely auses a great loss for the individual and deprives him / her of his / her rights which are protected by the Constitution and every day that passes, the child pays a heavy price for being robbed of the love and affection of her parents, for whom they were never to blame but are always the loser which could not be compensated monetarily or otherwise at any point.

 


 

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