NAVIGATING THE LEGAL AND POLICY CHALLENGES IN DIVORCE CASES INVOLVING DOMESTIC VIOLENCE AND CHILD CUSTODY IN INDIA
AUTHOR – JAYANTIKA THAKUR, ADVOCATE (B.A.LLB, LLM), HON’BLE HIGH COURT OF DELHI
BEST CITATION – JAYANTIKA THAKUR, NAVIGATING THE LEGAL AND POLICY CHALLENGES IN DIVORCE CASES INVOLVING DOMESTIC VIOLENCE AND CHILD CUSTODY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 278-313, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/CFMM9759
Abstract
Domestic violence and child custody are two critical issues that intersect within the legal domain, posing complex challenges for family courts, legal practitioners, and policymakers. In India, while laws such as the Protection of Women from Domestic Violence Act, 2005, seek to address the issue of domestic violence, the intertwining of domestic violence allegations with child custody disputes complicates the legal process. This research paper examines the challenges posed by domestic violence in child custody cases, with a focus on the legal framework and its application in India.
The study begins by examining the definition and forms of domestic violence, followed by a review of the legal protections available under Indian law. It then delves into how domestic violence allegations impact divorce proceedings and custody decisions, particularly in light of the paramountcy principle that the welfare of the child is the primary consideration. The research evaluates judicial trends in child custody decisions and highlights the balance or lack thereof between protecting the child’s welfare and safeguarding the rights of the parents.
One of the key challenges discussed is the insufficient implementation of existing protective laws, which often fail to provide adequate relief for victims, particularly children. The research also addresses the issue of gender bias in custody decisions and the lack of psychological support for children affected by domestic violence. Additionally, it explores the delicate balance between preventing false allegations of domestic violence and ensuring genuine concerns are addressed.
The research concludes with recommendations to strengthen legal provisions, improve enforcement mechanisms, enhance child protection policies, and promote a child-centric approach to custody decisions. It suggests the introduction of mediation and counselling to provide a holistic solution to domestic violence and child custody disputes.
Keywords- Domestic Violence, Child Custody, Best Interest of the Child, Parental Rights, Child Welfare.