a socio legal study of law of custody of children in india an overview

Abstract

Present research, titled as, A Socio-Legal Study on Law of Custody of Children in India: An Overviewand#8223;, focuses on the present need of the society to save the child from being in such atmosphere. Here, the custody laws play an important role. The behavior of human beings is subjective in nature that can hardly be directed by anyone. No one can build up understanding and adjustment between the couple for the sake of their child. But efforts should be made to reduce the hardships of the child which he/she usually face in his/her custody battle. It is the duty of the legislature, executive and judiciary to make the flawless custody laws. By regulating its procedure to save our national asset from the trauma of long delaying India. newline newlineThe problem of delay in getting justice from courts becomes more crucial when it touched the most sensitive issue of child. The pitiable situation of child is not hidden from anyone. The legislature, judiciary and others all wants only the welfare of childand#8223;. According to laws, the welfare of child must be of paramount importance in custody cases. The Honand#8223;ble apex court used to directions and guidelines time to time to lower courts that justice must be done to children by providing their custody in proper hands which ultimately leads to their welfare. The lower judiciary protracts custody cases for years in the fear that they may not inadvertently handover the custody of child to wrong person. The delay caused due to this, itself is the devastation of the principle of welfare of child . The significant point needs to be considered is that in which type of environment our child is growing and to whom he/she is accompanying. Children are like a raw mud pot to whom we give shape by nourishing them with our love and care. It can generally be seen that the children of happy families prove to be more successful in their life. Whereas children of estranged families are generally depressed. They hardly share their feelings with anyone newline newline