Chandigarh<\/em>: Delhi High Court Chief Justice<\/strong> Devendra Kumar Upadhyaya<\/strong> highlighted the complex reality of matrimonial disputes in India<\/a><\/strong>, stating that resolving such cases requires sensitivity and practical thinking beyond rigid legal provisions. His remarks came during the second day of India International Disputes Week 2026<\/strong> held in Chandigarh.<\/p>\n\n\n\n Speaking at the event, the Chief Justice emphasised that matrimonial disputes often involve deeper social conflicts and emotional breakdowns that cannot always be addressed by simply applying statutory provisions. He noted that these disputes are rarely limited to legal arguments and frequently involve human relationships, family pressures <\/strong>and social circumstances<\/strong> that courts must carefully consider.<\/p>\n\n\n\n \u201cIt’s more of a social problem than a legal one,\u201d Chief Justice Upadhyaya said.<\/em><\/strong><\/p>\n<\/blockquote>\n\n\n\n According to him, both lawyers and judges must approach matrimonial cases with empathy and broader understanding rather than limiting themselves strictly to legal technicalities. He stressed that justice in family disputes often requires creative thinking and problem-solving rather than a mechanical interpretation of the law.<\/p>\n\n\n\n \u201cSo you have to do some something called out of box, both on the part of the lawyers representing the parties as also the judges. If you try to search out the solution within the defined boundaries of a statute, perhaps you will not be able to render justice to the party in such disputes,\u201d Chief Justice Upadhyaya underscored.<\/em><\/strong><\/p>\n<\/blockquote>\n\n\n\n The Chief Justice pointed out that matrimonial disputes frequently become prolonged legal battles because personal conflicts spill into courtrooms. In such situations, judges and lawyers must remain sensitive to the emotional and social dimensions of the dispute, while ensuring that justice is delivered fairly.<\/p>\n\n\n\n He also spoke about the growing challenge of cross-border matrimonial disputes<\/strong>, particularly cases involving child custody when one parent moves to another country. According to him, the absence of clear international legal arrangements makes these disputes extremely complicated for Indian courts.<\/p>\n\n\n\n \u201dDespite a recommendation made by the Law Commission of India, we are yet not signatories of certain international treaties. There is a growing urge and demand from all parties for India to be signatory of the international conventions,\u201d he said.<\/em><\/strong><\/p>\n<\/blockquote>\n\n\n\n The Chief Justice explained that without such international frameworks, courts often struggle to determine jurisdiction and enforce decisions when one parent and the child are located in different countries.<\/p>\n\n\n\n \u201cIn case of a parent seeking a custody of a child, where will he bring the lawsuit? Where will he initiate the legal action, and whether or not any legal verdict given by a court here in India or abroad will be respected by the other countries. These are some of the difficult problems which we are facing now. Fortunately, the constitutional courts in India, the Supreme Court and the High Court have, in absence of any such treaty, evolved certain case law,\u201d he added.<\/em><\/strong><\/p>\n<\/blockquote>\n\n\n\n Justice Upadhyaya further acknowledged that these issues are increasingly appearing before courts as cross-border marriages become more common. In such situations, courts are often required to rely on evolving judicial precedents to resolve disputes.<\/p>\n\n\n\n \u201cIn case of a parent seeking custody of a child, where will he bring the lawsuit? Where will he initiate the legal action, and whether or not any legal verdict given by a court here in India or abroad will be respected by the other country. These are some of the difficult problems which we are facing,\u201d he said.<\/em><\/strong><\/p>\n<\/blockquote>\n\n\n\n He also recognised the role played by constitutional courts in India in developing legal principles to handle such complicated family disputes in the absence of international treaties.<\/p>\n\n\n\n \u201cCourts in India have done a wonderful job and given relief to such parents where child custody is sought,\u201d he noted.<\/em><\/strong><\/p>\n<\/blockquote>\n\n\n\n The remarks underline the evolving nature of matrimonial litigation in India. Family disputes today increasingly involve emotional, social and international dimensions, making it necessary for the justice system to balance legal rules with practical realities while protecting the rights of both parties involved in such sensitive conflicts.<\/p>\n\n\n\n\n
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Laws \/ Legal Frameworks Mentioned<\/h3>\n\n\n\n