Need out-of-box thinking in matrimonial disputes: Delhi HC Chief Justice

In many matrimonial dispute cases, the search for justice does not end within the four corners of law as they deal with more of a social problem than a legal one, and out-of-the-box thinking by lawyers and judges is required, Delhi High Court Chief Justice Devendra Kumar Upadhyaya said on Sunday.

He was delivering a keynote address as part of the ongoing India International Disputes Week 2026 here.

The chief justice said that the lawyers and presiding officers of the court should deal with such matrimonial dispute cases in a sensitive manner.

“It’s more of a social problem than a legal one; that has to be kept in mind. Because many a time, the search for justice does not end within the four corners of law. You have to do something called out-of-the-box thinking, both on the part of the lawyers representing the parties and also the judges.

“If you try to search out a solution within the defined boundaries of a statute, perhaps you will not be able to render justice to the party in such disputes,” he said.

Justice Upadhyaya also delved into the challenges posed by cross-border matrimonial disputes, saying the most pressing among them are child custody cases.

To address this problem, he said, only domestic laws in India are not sufficient.

“Despite the recommendations made by the Law Commission of India, we are yet not signatories to certain international treaties,” he said, adding that there is demand from all quarters for India to be a signatory to the international convention.

In the absence of this, the task for the domestic courts becomes very difficult, he said. “In 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,” he said.

He said, fortunately, the constitutional courts in India -- the Supreme Court and the High Courts -- have, in the absence of any such treaty, evolved certain case laws.

“Courts in India have done a wonderful job and given relief to such parents where child custody is sought,” he noted. Earlier on Saturday, Chief Justice of India Surya Kant delivered the keynote address on “India’s Cross-Border Disputes Services: 2026-2030 Outlook for Litigation, Mediation, & Arbitration” after inaugurating the Chandigarh International Arbitration Centre (CIAC) at the opening ceremony of the first edition of India International Disputes Week (IIDW) 2026.