Karnataka HC takes initiative to establish child custody dispute guidelines

Karnataka HC takes initiative to establish child custody dispute guidelines

The High Court of Karnataka has proactively started a case to establish guidelines for the involvement of psychologists in assessing the mental health of children during custody disputes in matrimonial cases.

In response to a public interest litigation (PIL) submitted by the Registrar General of the High Court, the court has issued notices to both the State and Central governments. The PIL emphasizes that parents involved in marital disputes often manipulate their minor children, leading them to believe that one parent can provide better care. Sometimes, even grandparents use persuasive techniques to influence children.

Therefore, involving psychologists and creating guidelines for assessing children's mental well-being is deemed necessary for custody decisions. The court has recognized that children are the most affected party in such disputes and that a psychological perspective is essential alongside legal and technical considerations.

The court has appointed senior advocate Dhyan Chinnappa as an amicus curiae to assist in the PIL and advocate BG Tara to support Dhyan Chinnappa in this role. The State and Central governments have been instructed to submit their respective responses to the court.

 

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