“A heartwarming affirmation of family bonds, India’s Supreme Court has poured a powerful message to divorced parents that, although you may lose a child they’ll lose your own family, but they should not lose each other.”
The Heart of the Matter
The recent remarks of the apex court have drawn attention to the need to preserve sibling relationships, namely that siblings are sacred bonds that must be preserved even if the marriage collapses. The bench also made ominous clear that courts must take extreme caution when splittingsiblings between parent at issue in custody cases.
The Court stated, “Children are not chattels to split,” and that psychotraumatic consequences to splitting up brothers and sisters may be as painful as the divorce itself. This landmark strategy acknowledges the fact that child psychologists have remained insistent that siblings provide emotional anchors as they navigate the storm of parental separation.
Why This Matters
Parents end marriage and children find themselves in turmoil in every aspect of their lives- their home, routine, and sense of safety. In such a difficult period, sibling bonds become lifelines. Brothers and sisters have a shared history, mutual understanding, and unconditional support that helps them cope with family breakdowns.
The Supreme Court’s directive derives from the principle of paramount responsibility for child welfare embedded in the Guardians and Wards Act and other personal laws. The Court also noted that any custody arrangement must also include what’s best for children, not what’s best for parents.
The Legal Framework
For Indian law, the “best interests of the child” is a golden thread running through all custody decisions. In certain cases, such as a significant age gap, different needs of caring for siblings, or when the family should be split in case siblings were separated, the Court clarified that children should remain united.
This approach is similar to best practice in global family law: sibling relationships are considered essential for a healthy child’s development. In all instances, there is consistent evidence that children who remain close to their siblings during parental separation exhibit higher levels of emotional resilience and adjustment.
A Wake-Up Call for Warring Parents
As a solid reminder, the Supreme Court’s comments offer a stark reminder that custody contests should never become battlegrounds in which children lose their lives. On the eve of a heated debate, it is almost impossible to see a parent taking care of her or his children’s emotional needs, and it often results in a sense of that parent’s role in parenting … as an escapistic game or a shared responsibility.
Family law professionals have also welcomed the directive, noting it reinforces the child-centric attitude of the judiciary. When taking divorce cases, lawyers now must see sibling welfare as a non-negotiable factor in settlement negotiations and court proceedings.
The Road Ahead
This decision forms a compassionate precedent for lower courts in India. It represents a shift towards more holistic child welfare assessment that captures the whole of the relation between child and parent not just the parent-child relationship.
One family lawyer, appropriately, pointed out that, “Real marriage is not broken in the sense of broken childhoods. The Supreme Court has ensured that in the storm of failliness, the fragile bond between siblings is intact, a small miracle during rough times.
ABOUT AUTHOR:
Swapnil Mishra is a student at The Legal School and a law graduate of LNCT University in Bhopal. studies corporate and commercial law with a strong interest. Through his writing, hopes to simplify, make practical, and make difficult legal concepts understandable. has experience in paralegal work, contract preparation, and legal research.