Delhi High Court to Scrutinize Plea for Uniform Child Custody and Parenting Guidelines
The Delhi High Court has taken a significant step toward addressing inconsistencies in family court rulings by agreeing to examine a public interest litigation (PIL) that calls for the establishment of standard guidelines for child custody, visitation rights, and shared parenting arrangements in matrimonial disputes.
Court Directs Petitioner Organizations to Submit Formal Representation
A bench comprising Chief Justice DK Upadhyay and Justice Tejjas Karia has instructed the petitioner organizations to formally submit their representation to the high court administration within a strict timeframe of two weeks. Upon receipt of this representation, the registrar general will forward it to the appropriate authority for further consideration.
The court clarified that the relevant authority will then evaluate the request for a comprehensive policy framework after conducting thorough consultations with all necessary stakeholders. This procedural step ensures that any potential guidelines would be developed with input from legal experts, child welfare professionals, and other concerned parties.
PIL Highlights Inconsistencies in Current Custody and Visitation Orders
The PIL was jointly filed by two prominent child rights organizations: the Ayushman Initiative for Child Rights and the Ekam Nyaay Foundation. Their petition argues compellingly that the current absence of uniform norms across family courts frequently results in inconsistent and unpredictable orders in child custody and visitation cases.
The petitioners have specifically advocated for the creation of "Child Access and Custody Guidelines along with a Parenting Plan," which they believe would significantly help streamline judicial decisions and reduce unnecessary conflict between separating or divorcing parents. Such a framework aims to provide clear, consistent benchmarks for judges to follow.
Legal Precedents from Other High Courts Cited as Models
During the proceedings, Advocate Manav Gupta, representing the petitioners, brought to the court's attention that the High Courts of Calcutta and Karnataka have already successfully framed and implemented similar guidelines for child custody matters. He emphasized that adopting a comparable framework in Delhi would ensure much-needed uniformity across all district courts handling sensitive matrimonial and custody disputes.
The PIL further elaborated on the practical consequences of the current system, noting that inconsistent decisions place an undue burden on non-custodial parents and can create prolonged legal battles. The proposed uniform guidelines are designed to actively support cooperative co-parenting arrangements and, most importantly, protect children from the emotional harm and instability that often accompany protracted custody disputes.
This judicial move is seen as a proactive effort to bring more predictability and child-centric focus to family law proceedings in the national capital, potentially setting a precedent for other jurisdictions to follow.
