Custody Frameworks, Legal Protections Indian Single Mothers Should Know

Custody battles are clearly on the rise in India. While it shows the growing need for conflict resolution between parents, it’s also a harbinger of doom – where innocent children become unwilling participants in parental conflicts. In matters of contentious divorce, it’s heartbreaking to see children being used as leverage for settling personal scores. The same has detrimental psychological consequences for the overall growth and well-rounded development of kids. To mitigate the same, Indian law and governing bodies consider the welfare of the child as the only priority in settling custody battles. Let’s find out more: 

Legal Framework in Custody Battles 

The Guardianship & Wards Act, 1890, serves as the cornerstone for settling custody battles in India. If deemed necessary for the child’s welfare, the Act enables courts to appoint a guardian for the child. While either of the parents can claim custody of the child, at heart, the Act directs courts to act in the best interest of the child. 

Top Factors Determining Custody Battles 

When legally determining the child’s custody, the court considers the following factors: 

1.     Child’s Welfare – the overall physical, emotional, and psychological welfare of the child is given paramount importance in determining the outcome of custody battles.

2.     Child’s Best Interest – after taking into account several factors like the age, health, and comfort of the child, the court decides on the custody. The intention is to ensure a stable and secure environment for the child’s growth and development.

3.     Capability of the Parents – the ability of either of parents in providing a well-rounded and nurturing environment is considered by the court. This includes financial support and emotional stability for the child.

4.     Conduct of Parents – any form of misconduct, including violence or substance abuse, is taken into account while settling the custody battles. 

Legal Frameworks Protecting the Mothers 

There are several legal frameworks safeguarding the rights of women while ensuring that custody battles don’t turn into war zones for kids. 

1.     Protection of Women from Domestic Violence Act, 2005 – In cases where mothers are subjected to emotional or physical abuse, the Act offers protection to both the mother and the child during custody proceedings.

2.     Visitation Rights – in cases where custody is granted to one of the parents, the other parent can still be awarded visitation rights, ensuring that the child maintains a healthy relationship with both the parents.

3.     Right to Custody – while either of the spouses reserve a right to custody, mothers often receive custody of children under 5 years of age. This is based on the presumption that maternal care is vital during those developmental stages for the child.

4.     Maintenance & Child Support – Depending on the case, the court may direct the non-custodial parent to provide for the upbringing of the child, including financial support. 

5.     Right to Stay in Matrimonial Home – As per the Domestic Violence Act, mothers can claim the right to residence, ensuring that they, along with their children, are protected from homelessness. 

Noteworthy Judgments 

There have been several noteworthy judgments that have shaped the legal framework around parental battles for custody. For instance, in the case of Yashita Sahu vs the State of Rajasthan  (2020), the Supreme Court upheld that the overall well-being and welfare of the child is of utmost priority in such cases. Furthermore, in the case of Selvraj vs Revathi (2023), the Supreme Court stressed the importance of the child receiving love and care from both parents. The court maintained that in custody battles, decisions should ensure the child’s emotional & developmental well-being. 

While it may seem like mothers get significant protection under the law for custody battles, the courts strive for a balanced approach, maintaining that a child’s welfare is more important than parental discord. Legal frameworks, along with forward-looking judgements, pave the way for children to receive the nurturing and support needed for a well-rounded development. Parents should take a lesson from this, prioritising their child’s welfare and attempting to achieve amicable resolutions.

Authored by Rhythm Aggarwal, Criminal defence lawyer