Child Custody in India: A Protracted Litigation
Dr Rabia Gund
  • ISBN : 9789392469046
  • year : 2022
  • language : English
  • binding : Hardbound
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The childhoods of our national assets are being wasted in custody warfares. It affects their minds adversely by making them victims of the system. Untimely justice to children in custody cases and its adverse effect on child is the devastation of the concept of ‘welfare of child’. The protracted custody litigation takes a toll on infants, toddlers, and young children. Their whole childhood is wasted in custody warfare of parents. It violates their right to quality life and speedy justice. The lack of enforcement mechanisms in civil laws lead to recourse of criminal remedies. The arrest of young ones, for the purpose of transfer of custody from one parent to another and back traumatize them for their life time. The present legal framework on child custody is not comprehensive as various personal laws have their own custody provisions such as HMA, Muslim Law, Christian Law, Parsi Law, etc. Although, custody can be decided speedily under the personal laws by filing of mere an application. As custody issues are the outcome of matrimonial tiff. Whereas, resorting to GWA for deciding custody is the lengthiest remedy. It creates lot of confusions in the mind of implementing agencies. The vagueness of the term ‘welfare of child’, non availability of specific provision for execution of custody decisions and inordinate delay in getting custody of child frustrates the whole purpose of custody legislations. The loopholes in substantive law, the procedural technicalities, failure of alternative dispute resolution mechanisms, indifference of judiciary drags, the custody battles from days to years. The empirical study is aimed at speeding up of proceedings in child custody cases. The delay in deciding custody matters may frustrate the whole object of filling of custody cases. If the custody of child in his/her teens get decided that will not serve the true purpose of case. Justice to child should not be so much delayed that it looses its importance.