Devendra Kumar Upadhyaya said matrimonial disputes often extend beyond strict legal issues and require sensitive, creative solutions. Speaking at India International Disputes Week 2026, he urged lawyers and judges to adopt “out-of-the-box thinking” for justice.
NEW DELHI: Delhi High Court Chief Justice Devendra Kumar Upadhyaya said that matrimonial disputes frequently go beyond strict legal questions and call for a more sensitive and inventive approach from both lawyers and judges.
Speaking at the India International Disputes Week 2026, he argued that resolving such matters often requires “out-of-the-box thinking” because the pursuit of justice may not always be confined to statutory provisions.
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In his keynote address, Justice Upadhyaya pointed out that matrimonial conflicts are rooted in social realities and thus cannot always be tackled solely through traditional legal mechanisms. He urged courts and legal practitioners to recognize that these cases typically involve intricate personal and family dynamics.
Underlining the need for greater sensitivity from both advocates and judges, he said,
“It’s more of a social problem than a legal one; that has to be kept in mind,”
The Chief Justice warned that strict reliance on statutory law can sometimes fail to deliver meaningful justice in family disputes.
Suggesting that innovative solutions may be required, he added,
“Many a time, the search for justice does not end within the four corners of law,”
He also addressed the rising difficulties posed by cross-border matrimonial issues, especially child custody disputes, which often present thorny jurisdictional questions that domestic law alone may not resolve.
Noting international legal frameworks, Justice Upadhyaya observed that India has not yet acceded to certain global conventions on cross-border family disputes despite recommendations from the Law Commission. He said there is growing demand for India to join these treaties.
Without such agreements, he explained, courts struggle to determine the proper forum for initiating proceedings and to assess whether custody orders from one country will be recognised or enforced elsewhere.
Describing these as some of the complex challenges faced by the judiciary, he said,
“In case of a parent seeking custody of a child, where will he bring the lawsuit? Where will he initiate the legal action, and whether or not any legal verdict given by a court here in India or abroad will be respected by the other country,”
Still, Justice Upadhyaya acknowledged the contribution of constitutional courts in filling gaps: he noted that the Supreme Court and various High Courts have built significant case law to grant relief in cross-border custody disputes even in the absence of binding international treaties.
He said,
“Courts in India have done a wonderful job and given relief to such parents where child custody is sought,”
The remarks were made during the inaugural India International Disputes Week 2026. Earlier at the event, Chief Justice of India Surya Kant gave a keynote on “India’s Cross-Border Disputes Services: 2026–2030 Outlook for Litigation, Mediation, & Arbitration” and inaugurated the Chandigarh International Arbitration Centre.
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