Supreme Court’s Humanitarian Approach: Striving to Save a Marriage for the Sake of a Child.


19 September 2025 Child Custody >> Family Law  

Family disputes placed before Indian courts often test not only the ambit of law but also the ability of judges to balance justice with compassion. In a recent case, the Supreme Court of India went beyond the adversarial framework of litigation and personally engaged with both husband and wife to attempt reconciliation. The matter involved matrimonial discord between a practicing advocate and his wife, with their five-year-old daughter—Ahaana—at the center of the dispute.

The Background:

The dispute reached the Supreme Court on appeal from the Telangana High Court. The petitioner-husband, an advocate now practicing in Hyderabad, has custody of the minor daughter. His wife currently lives at her parental home in Andhra Pradesh following marital discord that developed over time. Rather than treating the case as another contentious matrimonial proceeding, the Bench led by Justices J.B. Pardiwala and K.V. Viswanathan adopted a conciliatory stance.

 

 
 
 

The Court’s Unique Effort at Reconciliation:

Recognizing that strained marriages can still recover if both spouses desire to mend the relationship, the judges chose to directly interact with each party in chambers. They found that neither spouse wanted complete separation. Both expressed affection for one another and a strong desire to secure their daughter’s future.

The Court remarked that while disagreements and bitterness—ordinary “wear and tear” of marriage—had escalated into estrangement, there remained scope for reconciliation. What weighed significantly with the Court was the talent and potential of the child, Ahaana, whose future could be jeopardized if her parents continued in discord.

The Interim Understanding Achieved:

During deliberations, the husband agreed to arrange suitable residential accommodation for his wife in Hyderabad, undertaking to spend up to Rs. 10,000 per month in rent. The wife would have the freedom to finalize the choice of premises. The Court observed that living together immediately may not be practical given the past conflicts, but joint parenting and gradual reconciliation could pave the way toward restoring marital harmony.

The Court also recorded the husband’s assurance of providing full maintenance and support to his wife and enabling the child to share time with both parents. The Bench emphasized that efforts must continue for reuniting the family and praised the assistance rendered by the Amicus Curiae, Senior Advocate P.B. Suresh, in facilitating the understanding between the parties.

Significance of the Order:

This proceeding underlines the Supreme Court’s proactive role as not merely an adjudicator of legal rights but also as a guardian of family values and the welfare of children. By facilitating dialogue and securing interim arrangements instead of passing coercive orders, the Court signaled its view that reconciliation, where feasible, is preferable to litigation.

Conclusion:

The case has been listed for a further hearing in November 2025, with all legal proceedings between the parties stayed in the meantime. Whether the reconciliation translates into a lasting settlement remains to be seen.