 |
|
The Supreme Court of India has issued a significant ruling on child custody cases, emphasizing that a child cannot be treated as movable property and transferred without considering the impact on their well-being. This decision, made during the hearing of a habeas corpus petition, underscores the need for a humane and sensitive approach to child custody disputes. The bench, consisting of Justices Abhay S Oka and Augustine George Masih, highlighted that custody decisions should not be made mechanically, but rather based on the principle of parens patriae, which recognizes the court's inherent role as the protector of children.
The court's judgment further clarifies that custody issues should be decided only through substantive proceedings under the Guardians and Wards Act, 1890. This Act provides a comprehensive framework for determining child custody and guardianship, allowing the appropriate court to thoroughly evaluate all relevant factors, including the child's best interests, parental fitness, and the existing relationships with both parents. The ruling emphasizes the importance of regular civil and family courts in handling child custody cases, as these courts have the ability to frequently interact with the child, gain insights into their needs, and ensure that decisions are made with their welfare at the forefront.
This judgment holds considerable significance in the context of Indian law and jurisprudence. It reinforces the legal framework that protects the rights and well-being of children in custody matters. By ruling against treating children as objects to be transferred, the Supreme Court has reaffirmed the principle that children are not mere property but individuals with inherent rights and vulnerabilities that must be acknowledged and protected. This decision serves as a strong reminder to all stakeholders involved in child custody cases, including courts, parents, and legal professionals, that the primary consideration should always be the child's best interests and ensuring their well-being.
Source: Can't treat child as moveable property in custody matters: Supreme Court