In a significant judicial intervention, the Karnataka High Court has issued notices to the state and central governments, catalyzing the formation of uniform guidelines for child custody amidst matrimonial disputes. The division bench, led by Chief Justice Prasanna B Varale and Justice Krishna S Dixit, has taken a suo motu cognizance in the public interest litigation, recognizing the intricate psychological effects on children arising from family separations.
While hearing a contempt plea regarding child custody, the bench observed,
“In recent times, the evolution of the concept of the world as a global village has led to issues of a complex nature requiring special skill and expertise to deal with traditional means and methods.”
This observation acknowledges the changing dynamics of familial structures and the need for updated legal frameworks.
The petition highlights the role of technology in bridging gaps, stating,
“With technological advances, a child need not lose touch with a parent over considerations of distance or time.”
It suggests that custody orders should adapt to include modern communication channels, such as videoconferencing and social media, to facilitate continuous parent-child relationships.
Addressing the broader implications of such disputes, the petition notes,
“At the epicenter of complicated family conflicts are children who get stuck in custodial battles. Custodial battles more often have to do with the bruised egos and adamant attitudes of adults than with concern for the child’s wellbeing.”
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The High Court’s plea also sheds light on the inconsistencies in legal definitions, pointing out,
“There is no uniformity in the definition of ‘natural guardian’ across various personal laws.”
It calls for guidelines that take these discrepancies into account and properly assess the child’s psyche before passing an order granting custody.
The plea advocates for a holistic approach, stating,
“The guidelines may recommend how to correctly weigh the various other considerations that are placed before the court, and arrive at a conclusive solution that is best for the child, and fairest for the involved adults.”
It emphasizes that
“The Child must not feel any form of parental alienation at the behest of an ongoing custody battle.”
Furthermore, the plea insists on the custodian’s responsibility, asserting,
“The custodian must ensure complete well-being of children and must enable the child/children to have easy access to their rights such as right to education, right to food, right to shelter, right to sanitation, right to healthcare etc.”
It stresses the importance of accountability,
“Hence it is necessary for guidelines to ensure that the custodian is held accountable for the well being of the child.”
The court has given the respondents three weeks to file their reply and has permitted amicus curiae Dhyan Chinnappa to file any suggestions to the reply within one week upon receipt.
This proactive stance by the Karnataka High Court aims to streamline the child custody process, ensuring that the child’s best interests are paramount and protected in the face of evolving global and technological landscapes.
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