Delhi High Court Chief Justice Devendra Kumar Upadhyaya on Sunday remarked that justice in matrimonial dispute cases cannot always be delivered by strictly adhering to the law..Justice Upadhyaya made the comment while delivering a keynote address on the second day of India International Disputes Week 2026 in Chandigarh. He said the lawyers representing the parties as well as the judges have to be a bit sensitive in such matters. “It's more of a social problem than a legal one,” Chief Justice Upadhyaya said. .He added that the search for justice does not always end within the four corners of law.“So you have to do some something called out of box, both on the part of the lawyers representing the parties as also the judges. If you try to search out the solution within the defined boundaries of a statute, perhaps you will not be able to render justice to the party in such disputes,” Chief Justice Upadhyaya underscored..Commenting on cross-border matrimonial disputes, particularly child custody cases, Chief Justice Upadhyaya said the domestic laws in India are not sufficient.”Despite a recommendation made by the Law Commission of India, we are yet not signatories of certain international treaties. There is a growing urge and demand from all parties for India to be signatory of the international conventions,” he said. Chief Justice Upadhyaya further said in the absence of such a system, the task for the domestic courts becomes very difficult.“In case of a parent seeking a 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 countries. These are some of the difficult problems which we are facing now. Fortunately, the constitutional courts in India, the Supreme Court and the High Court have, in absence of any such treaty, evolved certain case law,” he added..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
