The Supreme Court has introduced a new dimension to child custody battles, ruling that courts must first evaluate the mental and psychological conditions of each parent and their ability to meet a child's growing needs before making custody decisions. This principle, aimed at serving the best interest of the child, requires mandatory interaction with the child to assess compatibility, comfort, and cohesiveness with each parent.
Parents' Assessment Principle
In a judgment by a bench of Justices Sanjay Karol and N Kotiswar Singh, the court emphasized that courts should not focus solely on psychological tests of the child but also on the parents. Justice N Kotiswar Singh wrote, "While it is important to assess how a child will respond to either parent, it is equally important to ascertain the mental and psychological conditions of the parents themselves to deal with the needs of the growing child."
Prior Assessment of Parents
The Supreme Court stated that the assessment of parents' psychological conditions must be conducted before a similar assessment of the child. This helps understand the child's compatibility with each parent. The court referred to a 2025 study by Nimhans, Bengaluru, covering issues such as parent-child relationship, parental dynamics, mental health issues, malicious acts by parents, adjustment to changes in the child's life, school context issues, and child mental health issues.
This ruling adds a critical layer to custody disputes, ensuring that the child's welfare remains paramount while considering the capabilities of both parents.
