In a heated matrimonial dispute, Supreme Court’s CJI Gavai warned the mother, “Mediation or jail, your choice,” over alleged parental alienation, stressing, “You’re spoiling her mind; it will backfire.”
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NEW DELHI: The Supreme Court of India on July 21 witnessed a powerful moment when Chief Justice B.R. Gavai turned to a mother involved in a bitter custody battle and asked her a startling question:
“Do you want to go to prison or opt for mediation?”
In the case, Sourabh Soni versus Nitika Dhir, involving an 11-and-a-half-year-old daughter, allegations were made that Nitika Dhir had willfully disobeyed court orders and emotionally manipulated the child to alienate her from her father.
Senior Advocate P.S. Patwalia, appearing for Sourabh Soni, presented serious accusations:
- The child was allegedly tutored to demand Rs 1 crore from her father.
- She was reportedly encouraged to assault him with sticks.
- School records had been altered to remove the father’s name altogether.
The main concern was an incident cited from July 14, 2024, where the child allegedly hit her father with a stick, a moment that Chief Justice Gavai recalled as emblematic of the harm being done.
In no uncertain terms, CJI Gavai admonished Nitika Dhir, saying,
“You are unnecessarily dragging your child. You are spoiling the career of your child. You are spoiling her mind. It will come back someday.”
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Yet, amidst the gravity, the petitioner father showed notable restraint. Despite having grounds for contempt, Sourabh Soni made it clear he wasn’t seeking punishment, just a chance to be a father again.
Instead of veering toward incarceration, the Court, recognizing the core of the matter as a matrimonial dispute, chose the path of resolution. It ordered the case to mediation, with both parties consenting.
The Court finalized the appointment of Hon’ble Ms. Justice Ritu Bahri, Former Chief Justice of Uttarakhand High Court, as the Mediator. Nitika Dhir tried to engage in personal dialogue with the Chief Justice. This breach of decorum prompted another stern warning:
“Contempt of court could result in up to six months’ imprisonment.”
The Supreme Court has scheduled the matter for review after eight weeks, giving time for the mediation process to unfold. Justice Ritu Bahri will oversee efforts to navigate the emotional, legal, and relational complexities involved.
Case Title: Sourabh Soni versus Nitika Dhir
CONMT.PET.(C) NOS. 756-757/2024
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