LI Network
Published on: November 09, 2023 at 11:21 IST
The Karnataka High Court has taken the proactive step of initiating a case to develop guidelines for the involvement of psychologists in assessing the mental well-being of children during custody disputes in matrimonial cases. This critical move is aimed at safeguarding the best interests of the children involved.
The division bench, comprising Chief Justice Prasanna B Varale and Justice Krishna S Dixit, has issued notices to both the State and Central governments in response to this initiative.
The public interest litigation (PIL) that led to this development was filed by the Registrar General of the High Court, following a directive from the court.
The PIL underscores the concerning trend where parents embroiled in matrimonial disputes often manipulate the impressionable minds of their minor children, coercing them to believe that one parent is more suitable for their care.
In some instances, even grandparents have been implicated in using persuasive tactics to influence the children’s opinions.
Recognizing the gravity of this issue, the PIL asserts the necessity of involving psychologists to evaluate the psychological well-being of the children. It emphasizes the urgency of establishing comprehensive guidelines to determine custody cases and protect the children’s welfare.
During the court proceedings, the bench highlighted the profound impact of matrimonial disputes on children and stressed the importance of considering the psychological dimension in custody matters.
The bench remarked that child custody disputes should not be evaluated solely from a legal or technical perspective but also from a psychological standpoint.
To assist the court in addressing this matter, senior advocate Dhyan Chinnappa has been appointed as an amicus curiae, and advocate BG Tara has been assigned to support him.
The State and Central governments have been directed to submit their respective submissions in this case.
This initiative by the Karnataka High Court reflects a commitment to ensuring the well-being of children caught in the crossfire of matrimonial disputes and underscores the importance of psychological assessments in such cases.