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The Supreme Court, while delivering a judgment in a custody battle between parents, expressed concern about children who are ultimate sufferer in such cases. Divorce and custody battles can become quagmire and it is heart wrenching to see that the innocent child is the ultimate sufferer who gets caught up in the legal and psychological battle between the parents.
The bench comprised of Justice AM Khanwilkar and Justice Ajay Rastogi. In the case before the Apex court, , the court decided the matter on merits and allowed the mother to take children to United States as various attempts to Negotiaton failed.
In Child Custody Disputes the court is of the opinion that a child's future relationship with each of his parents may be better maintained and his existing relationship is less damaged by a negotiated settlement than by one imposed by a court after adversarial proceedings.
SC Finally Lists Its Own Appeal Before Constitution Bench "The judicial resolution of a custody dispute may permanently affect or even end the parties' legal relationship but the social and psychological relationship will usually continue and it seems appropriate that a negotiated resolution between the parents is preferable from the child's perspective for several reasons.
The Court advised to the parents that
Spouses must come over the temperamental disharmony which usually exists in every marriage, rather than magnifying it with impulsive desires and passions. Parents are not only caretakers, but they are instrumental in the development of their child's social, emotional, cognitive and physical well-being and work harmoniously to give their children a happy home to which they are justly entitled to. "
It has also been observed that the childs pshycological balance is also effected due to the separation.
Though it decided the case on merits, the bench said that it hopes that the parents will forget and forgive their differences and join hands together in providing the congenial atmosphere which may be good not for themselves but also for the development of their minor children.
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