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Parent’s divorce must not split siblings: SC

Parent's divorce must not split siblings: SC

‘They Should Live & Grow Together’

NEW DELHI: It’s common that when a couple who have two children start living separately due to any matrimonial dispute, the children also get separated, with one living with the mother and the other with the father. But the Supreme Court on Thursday raised a question on why siblings should suffer living separately because of problems between their parents and said they should be able to live and grow together.While hearing a matrimonial dispute of a couple, a bench of Justices J B Pardiwala and K V Viswanathan expressed its sadness when informed that husband and wife have been living separately for the last few years and their minor children are also living separately – boy with the father and girl with the mother.”We are sad to note that the minor siblings are living separately. This separation is very painful. Siblings have to grow together. They have not committed any wrong. Why should they suffer? Even if the parties (husband and wife) decided to part ways, we think siblings should live and grow together,” the bench said.As the lawyers appearing for the warring couple told the court that mediation was on between them before the SC mediation centre, the court deferred the hearing till the outcome of the mediation. But the court again underscored that if the mediation fails and they decide to separate, even then arrangements should be made to ensure the siblings live together with either of the parents.”We are sad to note that the minor son is with the husband, whereas the minor daughter is with the mother. This separation of the siblings is something very painful. The siblings have to grow up together. They have not committed any fault. We want the parties to continue with the mediation and, as far as possible, try to arrive at some settlement. Even if the parties decide to part honourably and peacefully, we believe that the siblings should grow up together. Either the husband will bring up the children, or the mother will bring up the children,” the court said in its order.

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