Supreme Court terms twin infants' separation from mother 'cruelty of highest order'

New Delhi: The Supreme Court on Thursday termed the separation of twin children at the age of six months from their mother by the estranged husband in a matrimonial dispute as a case of "cruelty of highest order."

A bench of Justices Vikram Nath, Sandeep Mehta and NV Anjaria pulled up the husband for the separation of the children, who are now one and a half years old, from the mother and asked both the estranged spouses to appear before the judges on the next date of hearing in chambers with their children.

"The husband has committed extreme cruelty by separating children of just six months from their mother. Welfare of the children is paramount. This is a travesty of justice. Children as small as six months cannot be deprived of their mother. This is cruelty of the highest order," the bench observed.

The top court was hearing a plea of the estranged husband seeking the transfer of matrimonial cases initiated by the wife from Lucknow to Punjab.

The counsel for the husband said that the court should not disturb the status quo with respect to the twin children, as it would be detrimental for them.

The bench told the counsel that no nanny or granny can provide the care to children of six months as can the mother.

The counsel for the husband claimed that she herself had left the matrimonial home and was not interested in keeping the children.

The bench told the counsel that if she was not interested in keeping the custody of her children, who are identical twins (boy and girl), she would not have contested the case up till the Supreme Court.

"She was in fact thrown out of her matrimonial house without her kids. Beaten up and subjected to extreme cruelty by depriving her children," Justice Mehta observed. The counsel for the woman said that the husband was an alcoholic and was not willing to show the children even on video calls.

The counsel for the husband said she had lodged a number of cases in Lucknow, and he was seeking their transfer.

The bench noted that the woman was a teacher and husband a businessman and questioned him as to how much maintenance he was paying and willing to pay to his estranged spouse.

"You file a rejoinder to the counter affidavit and on next date that is on February 26, both of you appear before the court in chambers along with the children," the bench ordered.