The Supreme Court on Monday referred a matrimonial dispute involving an NRI couple to mediation, expressing concern over the living arrangement of their minor daughter. The Bench noted that although both parents are working and settled in Dubai, the child has been staying in India, a situation the Court found troubling.
The order came in a transfer petition filed by the wife, Amita Nautiyal, against her husband, Pradeep Kumar Balooni.
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Background of the Case
The matter arose from a transfer petition in a matrimonial dispute pending between the parties. During the hearing, both sides informed the Court that they are employed and residing in Dubai.
However, when the Bench inquired about the couple’s ten-year-old daughter, it was revealed that although the child is technically in the mother’s custody, she is currently living and studying in Lucknow at the residence of the maternal grandparents.
Court’s Observations
The Bench, comprising Justice Ahsanuddin Amanullah and Justice R. Mahadevan, expressed strong disapproval of the present arrangement.
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“The Court found the arrangement to be thoroughly objectionable,” the Bench observed, noting that the child has a right to live with her parents and that educational facilities in Dubai are far better.
During the hearing, the judges also asked the husband whether he was willing to keep the child with him in Dubai. His counsel responded positively, stating that the father was ready to do so.
Taking note of the strained matrimonial relationship and the child’s welfare, the Court felt that mediation was the appropriate course at this stage.
Decision and Directions
The Supreme Court referred the matter to the Supreme Court Mediation Centre. The parties have been directed to appear before the Mediation Coordinator on January 28, 2026, through virtual mode. The mediator may later decide whether physical presence is required.
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The Court further directed that:
- The mediator must submit a report within two months.
- The respondent-husband must deposit the entire maintenance amount awarded earlier directly into the wife’s bank account within two weeks.
- Any previous interim order passed on May 8, 2024, will continue to operate until the next hearing.
- The matter will be listed again on April 15, 2026.
The Bench clarified that the maintenance payment must be made irrespective of any amount already deposited in any court.
Case Title: Amita Nautiyal vs Pradeep Kumar Balooni
Case Number: Transfer Petition (Civil) No. 1239 of 2024
Decision Date: 19 January 2026
