BEST INTEREST OF THE CHILD DOCTRINE IN INDIAN COURTS: INTERPRETATION, APPLICATION AND GAPS

AUTHORS – DR. JYOTI YADAV* & ANURAG TRIPATHI**

* PROFESSOR AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** STUDENT AT AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – DR. JYOTI YADAV & ANURAG TRIPATHI, BEST INTEREST OF THE CHILD DOCTRINE IN INDIAN COURTS: INTERPRETATION, APPLICATION AND GAPS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.941-955, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The doctrine of the “Best Interest of the Child” constitutes the foundational principle governing child custody adjudication in India. Rooted in statutory mandates and strengthened through constitutional interpretation, the doctrine prioritizes the welfare of the child over parental rights and personal law presumptions. This research critically examines the interpretation, application, and structural gaps in the implementation of the welfare principle by Indian courts. Through a doctrinal analysis of legislative provisions such as the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956, along with landmark judicial precedents, the study explores how courts have expanded the meaning of welfare to include emotional, psychological, moral, and developmental dimensions.

The paper identifies that while Indian courts consistently declare child welfare as paramount, the absence of a precise statutory definition results in wide judicial discretion. Although flexibility allows contextual adjudication, it also generates inconsistencies and unpredictability in custody outcomes. The study further highlights systemic challenges including gender presumptions, lack of mandatory expert involvement, procedural delays, and limited institutional recognition of shared parenting frameworks. By examining recurring judicial factors—such as emotional bonding, financial capacity, child preference, and educational continuity—the research underscores the need for structured evaluative guidelines.

The paper concludes that while the doctrine reflects progressive child-centric jurisprudence aligned with constitutional values and international child rights standards, reforms are necessary to ensure uniformity, objectivity, and procedural efficiency. Recommendations include statutory clarification of welfare criteria, institutionalization of custody evaluation mechanisms, strengthening the child’s participatory rights, and promoting structured shared parenting models.

Keywords:

Best Interest of the Child, Child Custody Law, Welfare Principle, Guardianship, Judicial Discretion, Family Courts, Child Rights, Shared Parenting, Indian Family Law, Custody Reform