CHILD CUSTODY DECISIONS IN THE SHADOW OF DOMESTIC VIOLENCE IN INDIA

AUTHOR – JAYANTIKA THAKUR, ADVOCATE & LLM SCHOLAR AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

BEST CITATION – JAYANTIKA THAKUR, CHILD CUSTODY DECISIONS IN THE SHADOW OF DOMESTIC VIOLENCE IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 157-166, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper explores the complex dynamics of child custody decisions in India, particularly concerning domestic violence. It highlights the significant effects that domestic abuse—whether witnessed or experienced by children—can have on their emotional and psychological development, often resulting in long-lasting consequences. The Indian legal framework, through laws such as the Guardians and Wards Act, the Hindu Minority and Guardianship Act, the Protection of Women from Domestic Violence Act etc. which seeks to prioritize the “best interests of the child.” However, obstacles such as systemic flaws, patriarchal influences, outdated legislation, and inconsistent judicial practices often hinder its effective implementation. The article further examines the nuanced effects of domestic violence on children, the evolution of custody laws, and the commitment to prioritizing the child’s best interests, advocating for reforms that are trauma-informed and child-centered. It concludes with recommendations for strengthening legal protections and ensuring comprehensive safety for children involved in custody disputes arising from domestic violence.