The Supreme Court of India has ruled that psychological assessments of children in custody disputes should only be conducted when absolutely necessary and with minimal intrusion. The apex court emphasized that the child's best interests must be paramount in such sensitive matters.
Court's Clarification on Sexual Abuse Allegations
The bench clarified that it was not examining the merits of the sexual abuse allegations in the case at hand. The court's observations were limited to the procedural aspects of child psychological evaluation during custody battles.
Guidelines for Psych Assessment
The court laid down guidelines to ensure that children are not subjected to unnecessary psychological scrutiny. It stated that such assessments should be ordered only when they are essential for determining the child's welfare and should be conducted by qualified professionals in a child-friendly environment.
The judgment aims to prevent the trauma of repeated interviews and evaluations for children already caught in the crossfire of parental disputes. The court also stressed that the child's consent and comfort should be prioritized.
Background of the Case
The case involved a father seeking custody of his child, with allegations of sexual abuse against the mother. The Supreme Court noted that the lower courts had ordered psychological assessment without considering the potential harm to the child.
Senior advocate Ashish Tripathi represented the petitioner. The court's decision sets a precedent for future custody cases across India.
