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Delhi High Court: Sibling Bond Must Be Strengthened Through Regular Interaction When Parents Live Separately

Delhi High Court: Sibling Bond Must Be Strengthened Through Regular Interaction When Parents Live Separately

The Delhi High Court has underscored the importance of nurturing the relationship between siblings when their parents are living apart due to marital discord, holding that continuous interaction between children in such circumstances is necessary for their emotional development and welfare.

A Division Bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar made the observations while deciding an interim application moved by a father in his pending appeal. The father, who has two children, had approached the Court seeking suspension of the visitation arrangements ordered by the family court.

The family court had earlier granted interim custody of both children to the mother while also permitting visitation rights to the father. However, the arrangement evolved differently over time: the elder daughter chose to voluntarily reside with her mother in the matrimonial home, whereas the younger son continued to live with the father.

Before the High Court, the daughter expressed her desire to continue staying with her mother, while the son was reluctant to interact either with his elder sister or with his mother. The father, relying on the son’s reluctance, pressed for suspension of the visitation schedule until the final adjudication of his appeal.

The Bench, however, declined to interfere with the interim custody and visitation arrangement. It observed that while parental separation may complicate the children’s upbringing, the Court cannot lose sight of the inherent importance of sibling relationships. “The bond between siblings is required to be strengthened with continuous interaction, particularly when their parents are residing separately on account of marital discord,” the judges observed.

The Court emphasized that denying interaction would harm the long-term welfare of both children. It added that at this stage, especially when the main appeal is scheduled for hearing on October 28, it would not be proper to suspend the existing arrangement that has been functioning for nearly a year.

“In view of the aforesaid, the interim arrangement, which has continued to operate for nearly a year now, is directed to continue till the next date of hearing. Accordingly, the application is disposed of with the afore-going directions,” the Bench ruled.

The judges also noted that the family court had already found the mother to be entitled to custody of both children, and it was only on account of interim orders that the son had continued to stay with the father. Suspending visitation at this juncture would not serve the interests of justice or the welfare of the children, the Court reasoned.

Accordingly, the High Court disposed of the father’s application, reiterating that children’s best interests—particularly their need for a stable bond with both parents as well as with each other—must guide judicial intervention in custody disputes.

 

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