Today, On 19th May, The Supreme Court strongly criticised a Delhi High Court order in a shared parenting case, asking, “What is this order, which world they are living?” and noted that the High Court ignored real-life conditions completely.
New Delhi: The Supreme Court expressed serious concern over an order passed by the Delhi High Court in a child custody matter related to shared parenting.
A Bench led by Justice Suryakant criticised the Delhi High Court for passing an order that did not seem to take into account the ground realities faced by the parties involved.
While hearing the matter, Justice Suryakant questioned the reasoning behind the High Court’s decision and said,
“What is this Delhi High Court order, look at the order, which world they are living… That they have no idea in the conditions.”
This sharp observation came during the hearing of a case involving the custody and visitation rights of a child.
Advocate Ms. Tanya Agarwal, who was appearing in the matter, informed the Supreme Court about the situation the child was facing.
She told the Bench,
“Mylord the child was being thrown by the mother, I as a counsel was very tough to see this.”
Justice Suryakant, taking note of the advocate’s statement and the situation described in the courtroom, remarked briefly, “What to say.”
Later during the hearing, the mother of the child was also present before the Supreme Court Bench.
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She emotionally told the court,
“I have not met with daughter for last 5 months.”
Listening to her statement, Justice Suryakant observed that even if the court were to pass an order immediately, she would still need to travel to Jaipur to meet her daughter.
The judge said,
“Abhi hum order kar bhi dein toh aapko Jaipur jana padega milne. Abhi aap online meditation karlo fir mil lena.”
After hearing both sides, the Supreme Court decided to refer the matter to mediation, hoping that both parents could come to a mutual understanding regarding the custody and visitation of the child.
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The Bench stated,
“Referred to mediation,”
This matter highlights how shared parenting cases involve emotional and sensitive issues.
The Supreme Court’s remarks show that it is closely watching how High Courts are deciding such family matters and is ready to step in if it feels the real conditions and emotions of the parties are being ignored.
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