In a dramatic hearing before the Supreme Court, Chief Justice of India B.R. Gavai issued a stern ultimatum to a mother accused of alienating her child from the father: “Mediation or jail, your choice.” The remark came during a custody dispute between Sourabh Soni and Nitika Dhir, involving their 11-and-a-half-year-old daughter.
The Court took serious note of allegations that Nitika Dhir had manipulated the child emotionally and disobeyed court directions. The bench was particularly concerned about an incident cited from July 14, 2024, in which the child allegedly assaulted her father with a stick. CJI Gavai recalled the event, stating it symbolized the damage being done:
“You are unnecessarily dragging your child. You are spoiling the career of your child. You are spoiling her mind. It will come back someday.”
Senior Advocate P.S. Patwalia, representing the father, detailed multiple incidents of alleged parental alienation:
- The daughter had been tutored to demand ₹1 crore from her father.
- She was reportedly encouraged to beat him with sticks.
- The father’s name had been removed from the child’s school records.
Despite having grounds to pursue contempt proceedings, Sourabh Soni chose not to press for punishment. Instead, he expressed a desire to reunite with his daughter and resume his role as a father.
Recognizing the sensitive nature of the matter, the Supreme Court directed both parties to undergo mediation, rather than escalating the issue through penal action. Hon’ble Ms. Justice Ritu Bahri, Former Chief Justice of the Uttarakhand High Court, has been appointed as the Mediator.
When Nitika Dhir attempted to engage directly with the Chief Justice in court, CJI Gavai issued a clear warning:
“Contempt of court could result in up to six months’ imprisonment.”
The bench has listed the matter for review after eight weeks, allowing time for the mediation process to proceed under judicial supervision. The Court’s approach underscores a strong preference for reconciliation and child welfare over punitive action in emotionally charged matrimonial disputes.
Case: Sourabh Soni vs Nitika Dhir – Available on LAWFYI.IO
