From Parental Rights to Psychological Safety: Supreme Court Child Custody Law in India (2025-2026)

Adv. Govind Bali examines the Supreme Court's 2025-2026 child-custody jurisprudence on welfare, psychological safety, shared parenting, child preference, visitation and minimum intrusion, with special focus on Arathy Ramachandran, Neethu B. and Sheetal Vasant Thakur.

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Child Custody in India: Law, Rights of Parents, Welfare of the Child and Latest Judicial Approach

In India, child custody is decided not on the superiority of the mother, father, or any relative, but on the welfare and best interest of the child. Courts examine the child’s age, education, emotional security, health, stability, parental conduct, financial capacity, moral environment, and, where the child is mature enough, the child’s preference. The law...

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