Delhi Top Court docket Leader Justice Devendra Kumar Upadhyaya on Sunday remarked that justice in matrimonial dispute circumstances can’t at all times be delivered via strictly adhering to the regulation. The legal professionals and judges have to turn sensitivity to such issues.
Justice Upadhyaya made the remark whilst turning in a keynote deal with on the second one day of India Global Disputes Week 2026 in Chandigarh. He stated the legal professionals representing the events in addition to the judges need to be a little delicate in such issues.
“It is extra of a social downside than a criminal one,” Leader Justice Upadhyaya stated. He added that the seek for justice does now not at all times finish inside the 4 corners of regulation.
“So, you must perform a little one thing known as out-of-the-box, each at the a part of the legal professionals representing the events as additionally the judges. For those who attempt to hunt down the answer inside the outlined barriers of a statute, in all probability you’ll now not be capable to render justice to the birthday party in such disputes,” Leader Justice Upadhyaya stated.
Commenting on cross-border matrimonial disputes, specifically kid custody circumstances, Leader Justice Upadhyaya stated the home rules in India aren’t enough.”Regardless of a advice made via the Legislation Fee of India, we’re but now not signatories of sure global treaties. There’s a rising urge and insist from all events for India to be signatory of the global conventions,” he stated.
Leader Justice Upadhyaya additional stated within the absence of this type of machine, the duty for the home courts turns into very tough. “In case of a father or mother in search of a custody of a kid, the place will he carry the lawsuit? The place will he begin the criminal motion, and whether or not or now not any criminal verdict given via a court docket right here in India or in another country shall be revered via the opposite international locations. Those are probably the most tough issues which we face now. Thankfully, the constitutional courts in India, the Best Court docket and the Top Court docket have, in absence of this sort of treaty, developed sure case regulation,” he added.
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