Welfare Of Child Is Of Paramount Importance In Custody Cases: Supreme Court DISHA GUPTA Legal Article Wed, Feb 19, 2020, at ,11:58 AM SOUMITRA KUMAR NAHAR vs. PARUL NAHAR A protracted court battle over child custody rights led the Supreme Court to comment on how children are always at the losing end of such family disputes. Observing that breakdown of marriage does not mean the end of "parental responsibility", the Court said children are "always the losers" and pay the "heaviest price" in a custody battle, adding courts should always give "paramount consideration" for the welfare of the child. A bench of Justice A M Khanwilkar and Justice Ajay Rastogi in the case of Soumitra Kumar Nahar v. Parul Nahar made the observations in judgement while dealing with a matter in which a couple had been embroiled in a matrimonial dispute since long. The apex court also observed that rights of the child need to be respected as he or she is entitled to love of both the parents and said if efforts to settle matrimonial dispute through the process of mediation do not fructify, then courts should try to resolve it as expeditiously as possible because with every passing day the child pays a heavy price. Further, the court interpreted that in a custody battle, no matter which parent wins but the child is always the loser and it is the children who pay the heaviest price as they are shattered when the court by its judicial process tells them to go with the parent whom he or she deems fit. The top court also said while deciding the matter of custody of the child that primary and paramount consideration is always the welfare of the child and if the welfare of the child so demands, then technical objections cannot come in the way. However, while deciding the welfare of the child, it is not the view of one spouse alone which has to be taken into consideration. The courts should decide the issue of custody on a paramount consideration which is in the best interest of the child who is the victim in the custody battle. In the instant case, the grandparents were not only deprived of love and affection of their children but also of their grandchildren and because of this matrimonial tussle between the parties, they have lost their lives. Therefore, the bench said "very few are fortunate" to have this pleasure in the fag end of their life where the grandparents remain in company of their children and also grandchildren. https://publication.intolegalworld.com/100-landmark-judgment-2019-20.aspx The Court was dealing with an appeal filed challenging a 2015 Delhi High Court verdict concerning child custody and visitation rights over two children born to the warring couple. Divorce proceedings initiated back in 2011 are pending before a lower court. Despite its best efforts, the Apex Court found that the couple were unable to reconcile with each other or arrive at a consensus on the issue of child custody and visitation rights. Therefore, recently, it disposed of the appeal, while granting the parties liberty to move the appropriate court for custody or guardianship over the minor children. In the meanwhile, an interim arrangement directed by the Court in 2017 is to continue. The Court also ordered that the pending divorce proceedings be completed expeditiously by the concerned court, and not later than December 31, 2020.