In a significant interim order, the Karnataka High Court has directed the state's family courts to follow child custody and access guidelines originally framed by the Calcutta High Court. This measure will remain in place until Karnataka formulates and approves its own specific rules.
A Stop-Gap Solution for Child Welfare
The directive came from a division bench led by Chief Justice Vibhu Bakhru. The bench clarified that the Calcutta guidelines are to be applied temporarily, stating, "We clarify that the said guidelines shall be applied till rules are made by the rulemaking committee and approved in accordance with law." The court has scheduled the next hearing in this matter for March 13, 2026.
Origins in a Suo Motu PIL on Children's Mental Health
This order stems from a suo motu public interest litigation (PIL) registered by the High Court back in 2023. The core issue addressed was the mental health of children from separated or estranged parents. During the proceedings, a child rights organization named the Ayushman Initiative for Child Rights (AIFCR) intervened.
The NGO strongly recommended that Karnataka adopt the comprehensive Child Access and Custody Guidelines along with the Parenting Plan 2025 from the Calcutta High Court. These guidelines were developed with inputs from multiple experts and stakeholders.
State-Wide Implementation Ordered
Accepting this recommendation, the division bench has taken concrete steps for implementation. It directed the registrar-general of the High Court to circulate these guidelines to all district judges, family courts, and magistrates across Karnataka. This order specifically applies to judicial officers exercising jurisdiction under laws like the Protection of Women from Domestic Violence Act, 2005.
The court's move is seen as a crucial step to ensure uniformity and a child-centric approach in custody battles across the state while a permanent, localized set of rules is being prepared. The focus remains squarely on safeguarding the psychological well-being of children caught in parental disputes.
