Karnataka High Court initiates a suo motu PIL to involve psychologists on custody issues in marital disputes between parents

On Monday, November 6, a PIL petition was initiated suo moto in the Karnataka High Court to lay down guidelines for determining custody issues in matrimonial disputes in various judicial forums and involve experts in human psychology in custody issues.

A division bench comprising Chief Justice Prasanna B. Varale and Justice Krishna S. Dixit ordered issuance of a notice to the central and state governments asking them to file their reply to the Registrar General’s petition based on the court order dated To be submitted October 5, 2023. While the court appointed senior advocate Dhyan Chinnappa as amicus curiae in the case, advocate Nayana Tara BG was asked to assist the amicus curiae.

Child is most affected

“The discord between spouses can also have a psychological side. Likewise, matters relating to child custody must be considered not only from legal and technical aspects, but also from psychological aspects.”

To deal with such a situation, there is an urgent need for a special body in the form of experts in the field of human psychology to provide their services in resolving disputes and protecting the interests of children, the court said. The Court has also noted that in most marital disputes, particularly in matters involving the custody of a child, the child is the most affected party.

Psyche of the child

Meanwhile, the petition states that in a marital dispute, biological parents typically assert their right to custody of their children and continually use methods to convince the children’s impressionable minds that they are best suited to care to take care of their children’s needs.

The petition states that grandparents and other family members also impair the child or children’s judgment when they use similar persuasive techniques. Therefore, guidelines are needed to take these aspects into account and to properly assess the child’s psychology before issuing an order granting custody.

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