Avoid conflicting orders in cross-border marital disputes involving children: Justice Surya Kant

Justice Kant said courts, while adjudicating such disputes, must ensure mutual respect and cooperation, as well as remain committed to protect the welfare and well-being of the child.

Supreme Court judge, justice Surya Kant, on Wednesday said that courts across different jurisdictions must uphold the principle of ‘comity of courts’ and avoid issuing conflicting orders in cross-border marital disputes involving children.

Describing family law as a living instrument, justice Kant urged lawyers, judges, and scholars to ensure it continues to evolve in a manner that is humane, inclusive, and responsive to the shifting dynamics of family and society. (HT archive)

Speaking at a seminar organised by the Delhi Family Lawyers Association and the Delhi High Court Women Lawyers Forum on the theme ’Cross-Cultural Perspectives: Emerging Trends and Challenges in Family Law in England and India,’ justice Kant said that courts, while adjudicating such disputes, must ensure mutual respect and cooperation, as well as remain committed to protect the welfare and well-being of the child.

“One recurring issue that frequently arises across courts in India concerns the recognition and indirect enforcement of foreign divorce decrees. Such cross-border marital disputes become significantly more complex when children are involved,” justice Kant said.

He added, “It becomes imperative for courts across jurisdictions, in such cases, to uphold the principle of ’comity of courts’ — ensuring mutual respect and cooperation in adjudication—while remaining steadfast in their primary duty to protect the welfare and well-being of the child.”

Justice Kant, in his speech, also highlighted the strong alignment between Indian and English legal systems for safeguarding the rights and welfare of children in family law matters and said that both countries place the child’s best interests at the heart of all family law adjudication.

“In England, the Children Act of 1989 firmly enshrines the paramountcy of the child’s welfare, establishing that the best interests of the child must always take precedence. The doctrine of best interests of the child has likewise been firmly entrenched by Indian courts across a wide range of family law matters and has applied even with equal rigour even in cases concerning the adoption and custody of children,” he said.

Describing family law as a living instrument, justice Kant urged lawyers, judges, and scholars to ensure it continues to evolve in a manner that is humane, inclusive, and responsive to the shifting dynamics of family and society. “Both in England and in India, family law stands as a living instrument—one that not only governs private relationships but also mirrors our collective commitment to justice, equality, and compassion. As we continue to navigate new frontiers, it becomes our shared duty, as lawyers, judges, and scholars, to ensure that the law remains humane, inclusive, and responsive to the changing contours of family and society.”