Unnecessarily involving child: Supreme Court criticizes mother in child custody case

The Supreme Court recently appointed former Uttarakhand High Court Chief Justice Ritu Bahri as a mediator in a child custody battle between a husband and wife.

In the order passed on July 21, the Bench of Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran directed Justice Bahri to consider all the issues pending between the couple.

“With the consent of parties, we appoint Hon’ble Ms. Justice Ritu Bahri, Former Chief Justice of High Court of Uttarakhand as Mediator. The Mediator shall consider all the issues between the parties. The fee of the learned Mediator would be decided by the Mediator in consultation with the learned counsel for the parties,” the Court ordered. 

The Court also pulled up the wife for dragging the child into the battle.

The Court was dealing with a contempt of court petition moved by the husband in relation to the visitation rights granted to him by a family court. In September 2024, the top court had directed the  District Legal Services Authority, Chandigarh to appoint a para-legal volunteer to ensure the implementation of visitation rights.

During the hearing on July 21, Senior Advocate PS Patwalia, appearing for the husband, submitted that the daughter, at the behest of the mother, had declined to come with the father and had accused him of harassing her mother.

The Court was also told ₹1 crore was being sought, and the father’s name was deleted from the school records of the daughter.

Patwalia then prayed the parties be sent to mediation since punishing the mother would not achieve anything. The counsel representing the wife submitted that she has no objection to the mediation. 

At this stage, CJI Gavai pulled up the mother for her conduct.

“You are unnecessarily dragging your child, spoiling the career of  your child, you are spoiling her mind…  come back someday.”

The Court then appointed Justice Bahri as a mediator and listed the matter for consideration after eight weeks.

Senior Advocate PS Patwalia with advocates TS Shanthi, Sneha Irine Kachhap, Amit J and  TRB Sivakumar appeared for the husband.

Advocate Anubha Agrawal represented the wife.

[Read Order]