The article examines the evolving approach of Indian courts in child custody matters, highlighting that the welfare of the child is the paramount consideration, overriding strict legal or parental rights.
The article highlights how Githa Hariharan v. RBI exposed gender bias in guardianship law and led the Supreme Court to reinterpret the law, recognising mothers as natural guardians even during the father
Domestic violence, though often seen as a private matter, is addressed by the Protection of Women from Domestic Violence Act, 2005, which covers multiple forms of abuse and provides immediate civil remedies. Judicial rulings have broadened its scope to include live-in relationships and gender-neutral respondents
Pre-nuptial agreements in India exist in a legal grey area
Indian divorce law often forces individuals to remain in broken marriages due to prolonged procedures, making delay itself a form of mental cruelty rather than protection of the institution.
The article argues that although the Hindu Marriage Act, 1955 does not explicitly provide for judicial separation by mutual consent, courts can interpret existing provisions to allow it in line with evolving societal needs.
Family Courts in India were created to provide speedy, compassionate resolution of family disputes, but have instead become burdened by delays, rising pendency, and prolonged emotional distress.
A Family Court in India is a specialised court established under the Family Courts Act, 1984 to handle disputes related to marriage, divorce, maintenance, and child custody, with a focus on speedy settlement and reconciliation.
Foreign divorce and marriage disputes involving NRIs often create jurisdictional conflicts, with parties sometimes engaging in
Child custody laws in India, governed by the Hindu Minority and Guardianship Act, 1956 and Guardians and Wards Act, prioritise the welfare of the child as the paramount consideration, often overriding parental rights