On February 19, 2026, the Supreme Court of India made strong observations in a child custody dispute, condemning a father’s act of separating six-month-old twins from their mother as “cruelty of the highest order.” The Court emphasized that depriving infants of maternal care at such a tender age strikes at the very heart of their welfare and emotional development.
Bench and Core Concern
A Bench comprising Justices Vikram Nath, Sandeep Mehta, and N.V. Anjaria expressed serious concern that the twins—now approximately one and a half years old—had been separated from their mother since infancy. The judges observed that the first few months and years of a child’s life are crucial for bonding, emotional security, and overall growth.
Irreplaceable Maternal Care
The Court made it clear that for infants as young as six months, maternal care is indispensable. It firmly stated that such care cannot be substituted by a “nanny or granny.” The Bench underlined that emotional attachment and nurturing from the mother at that age are critical and irreplaceable.
Welfare of the Child is Paramount
Reiterating a well-settled principle in custody jurisprudence, the Court stressed that the welfare of the child is the paramount consideration. In strong words, the Bench described the prolonged separation of the twins from their mother as a “travesty of justice,” indicating that parental disputes cannot override the best interests of young children.
Mother’s Efforts to Regain Custody
The father had claimed that the mother had voluntarily left the children. However, the Court appeared unconvinced. It observed that if the mother truly lacked love and affection, she would not have pursued multiple legal proceedings to regain custody of her children. The Bench noted that her consistent legal efforts reflected her deep concern and commitment as a parent.
Allegations of Misconduct
During the hearing, the mother’s counsel alleged that the husband struggled with alcoholism and anger issues. It was also claimed that he had denied the mother even video calls with the twins, effectively cutting off her contact with the children. These allegations further intensified the Court’s concern regarding the overall welfare of the minors.
Procedural Background
The matter reached the Supreme Court through a transfer petition filed by the husband. He sought the transfer of matrimonial proceedings initiated by the wife from Lucknow to Punjab.
The Bench also took note of allegations that the mother, who is a teacher by profession, had been turned out of her matrimonial home and subjected to physical abuse before being separated from her children.
Next Steps Ordered by the Court
In a significant step, the Supreme Court directed both estranged spouses to appear in chambers on the next date of hearing, along with their twin children. This move signals the Court’s intent to closely assess the situation and prioritize the emotional and physical well-being of the minors.
Conclusion
This case once again reinforces the Supreme Court’s unwavering stance that in custody battles, the rights and egos of parents must yield to the welfare of the child. By terming the separation of six-month-old twins from their mother as “cruelty of the highest order,” the Court has sent a strong message: infant welfare cannot be compromised under any circumstances.