The High Court of Karnataka on Monday, November 6, suo moto initiated a PIL petition to frame guidelines for determining issues of child custody in matrimonial disputes before various judicial fora and to involve experts in human psychology in child custody issue.
A Division Bench comprising Chief Justice Prasanna B. Varale and Justice Krishna S. Dixit ordered issue of notice to the Central and State governments asking them to submit their response to the petition filed by the Registrar General based on the Court’s October 5, 2023, order. While the Court appointed Senior Advocate Dhyan Chinnappa as amicus curiae in the proceedings, advocate Nayana Tara B.G. has been asked to assist the amicus curiae.
Child is most affected
“The discord between spouses may also have a psychological angle. Similarly, matters involving custody of the child are also required to be looked at not only from the legal and technical aspect, but its psychological aspect.”
To deal with such a situation, the Court said, there is an imminent requirement to have a dedicated facility in the form of experts in the field of human psychology providing their services in resolution of disputes and to protect the interest of children. Also, the Court has noted that in a majority of matrimonial disputes, particularly in matters involving issue regarding custody of child, the most affected party is the child.
Psyche of child
Meanwhile, it has been stated in the petition that biological parents, in a matrimonial dispute, usually assert their rights over the custody of children and constantly use methods to persuade the impressionable minds of children into believing that they are the most suited to cater to their needs.
Grandparents and other family members, it has been stated in the petition, too impair the judgement of the child/children using similar techniques of persuasion, and it is necessary to have guidelines to consider these aspects and properly assess the psyche of the child prior to passing an order granting custody.
