Emphasizing equal parenting, the court ensures children's welfare amidst parental disputes.
In a significant ruling on child custody, the Kerala High Court, presided by Justices Devan Ramachandran and M.B. Snehalatha, has underscored the importance of adopting a child-centric approach over the traditionally parent-centric model in custody disputes. The judgment, delivered on March 5, 2026, in the case of Daliya P. v. State of Kerala, WP(Crl.) No. 319 of 2026, highlighted the psychological impact and trauma experienced by children embroiled in parental conflicts and emphasized their welfare, rights, and need for affection from both parents.
The court lamented the prevalent distress caused to children by custody battles, noting that parents often fail to comprehend the adverse effects of their disputes on their offspring. The judges advocated for custody arrangements that are sensitive to children's psychological and emotional needs, avoiding alienation from either parent and ensuring equal parenting.
Recognizing the burden on Family Courts in Kerala, the judgment called for empathetic interactions with children and parents to assess the best interests of the children comprehensively. The court criticized the traditional custody evaluation methods that prioritize parental rights over children's welfare and advocated for a shift towards arrangements that consider children's physical, educational, social, and psychological needs.
In this particular case, the court facilitated an amicable custody arrangement where the children would remain with their father but spend weekends and holidays equally with their mother. The arrangement also mandated that exchanges occur outside court premises to avoid conflict zones, ensuring a child-friendly environment.
The ruling reflects a broader call for the legal system to prioritize children's constitutional rights and welfare in custody matters, recognizing them as deserving individuals with rights to affection and time from both parents. The judgment serves as a guiding precedent for future custody cases, encouraging courts to focus on the holistic welfare of children rather than merely adjudicating parental rights.
Bottom Line:
Child custody - Courts must adopt a child-centric approach rather than a parent-centric approach, emphasizing equal parenting and ensuring children's welfare in custody disputes.
Statutory provision(s): The judgment primarily focuses on child custody laws and the constitutional rights of children, emphasizing child-centric custody arrangements and equal parenting. Specific statutory provisions were not cited in the judgment.
Daliya P. v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2869770
