The Supreme Court of India has strongly criticised a husband for denying his wife access to their six-month-old twin children, describing the conduct as “cruelty of the highest order.” The Court intervened in the parents’ matrimonial dispute and emphasised that a child’s welfare and the mother’s rights must be paramount.
What the Court Held
The Bench noted that separating a mother from her very young infants without justifiable reason is deeply harmful to the children’s emotional well-being as well as the mother’s rights.
It underscored that custodial access cannot be withheld as a tool of hostility or punishment in a marital conflict and that children should not become pawns in adult disputes.
Supreme Court invoked the broader doctrine of “best interests of the child,” which requires courts to ensure that caregiving and bonding are protected, especially during infancy.
Directions Issued
The Court directed that the mother be given appropriate access and custody arrangements regarding the infants, with specific guidelines to safeguard their health, safety and day-to-day care.
It reminded that any parental conduct depriving a child of essential bonding — especially with the primary caregiver — amounts to cruelty under family law and should be dealt with firmly.
Significance
This decision highlights the judiciary’s commitment to prioritising child welfare and parental responsibility over tactical advantage in matrimonial disputes. It also reinforces that denying a parent contact with young children, without legitimate grounds, may itself amount to cruel conduct justifying judicial intervention in custody matters.
