Abstract
The article tries to analyze how the perspective of child custody legislation in India has shifted with special reference to what is best for children in view of the changing familial landscape. It gives an outline of the traditional leaning towards maternal custody as provided by personal laws such as the Hindu Minority and Guardianship Act of 1956 and the Guardians and Wards Act of 1890 also alerting the readers on a recent turn that advocates for recognition of joint custody and shared parenting. These changes illustrate the worth of both parents to a child’s emotional and psychological needs as they grow especially post-separation.
The study complains that the existing laws are not well developed, not consistent, and need reforms that consider mediation and psychological tests. This case notes the importance of bringing the law in custody as it is in today’s society to ensure that benefit that the child shall get is as desired. In the paper, analyzing several cases, the author demonstrates how the Indian court practices the child’s paramountcy over the parental rights, thus, establishing an alternative to patriarchal values. Finally, the extensive legal change that Singh seeks in adapting family laws to today’s realities and encouraging legislation that would encourage fair parenting across the board, for the betterment of children in custody disputes.
Keywords
Child Custody, Divorce, Joint Custody, Guardianship Act, Psychological Impact, Parental Rights, Shared Parenting, Family Courts, Mediation, Socio-Legal Obstacles, Emotional Well-being, Family Dynamics.
Introduction
- BACKGROUND OF DIVORCE AND CHILD CUSTODY
Child custody in India can be traced both under personal laws and under secular law, a few of which are the Hindu minority and Guardianship Act of 1956 and the Guardians and Wards Act of 1890. These laws are child-focused, trying to do what is in the best interest of the child in any custody matters. In the past, the courts used to favour the mother by awarding custody on the grounds of the tenders’ years of the child especially when the child is an infant[1]. Thus, what it means today is a multifaceted concept relying on age, entitling the child, and the abilities of the parents.
Surprisingly, Indian laws also possess cultural characteristics to some extent that develop gender bias in custody matters. While some progress has been made in resolving questions of joint custody and shared parenting there is no over-arching model for which application in India could be made to the fullest degree. Settlement of these issues is considered essential to contribute to the development of custody laws for today’s families and to encourage post-divorce children’s welfare.
[1]Infant, The Law Dictionary, https://thelawdictionary.org/infant/