Aarushi Singh, OP Jindal Global University
“A child cannot be tossed like a shuttle cock between the parents”.
-Justice R M Lodha and Rohinton Nariman
ABSTRACT
Child custody is often a major bone of contention between the sparring couple. Divorces are ata rampant increase in modern India today , which in itself does upheld the flag of gender equality but the question that tickles me is the welfare of children. The decision made by parents can have various implications on the child especially ones below 12years of age. Children's anguish is initially upsetting because they witness the family's breakdown and sense its vulnerability. Any type of divorce holds the power to tear a child apart and is emotionally and psychologically harmful to their wellbeing. However, long- term effects of the same can bealtered for the better based on parental behaviours, which also affects how well-adjusted children are after a divorce.
The phrase "best interests of the child" is often used in all common law nations. This is completely consistent with the law's function as a safeguard for the weak. As a result of the child's inherent immaturity and the child's status under family law as a vulnerable subject, courts are charged with determining what is in the child's best interests. As they take on the responsibility of determining what is in the best interests of the kid, the courts are inevitably expected to use a great deal of discretion.
Cambridge dictionary defines child custody as the legal right or duty to care for a child , afterits parents have separated or died.2 Although the marriage between the two people may end with the divorce, their roles as parents to their children remain unaffected. It’s the legal responsibility of parents to support their children financially, including their education; enforceable in both civil and criminal situations. Child custody is undoubtedly one of the mostdifficult aspects of a separation or divorce, to put it nicely.
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