Best Interest or Religious Laws- The Paramount While Deciding Child Custody in India

When a married couple decides to separate, the person who suffers the most is the child born out of the marriage. He faces the trial before the actual trial begins and witnesses separation before the actual separation is pronounced by the courts. India is a secular country and people here follow different religions and each religion has a different set of child Custody laws through which parents can seek custody. Earlier it was the 'Right of parents ' that hold weight but now it's the 'Right of the Child ' which forms the basis for determining the custody issues. The main aim of this paper is to emphasize whether the Supreme court of India has achieved the principles of best interest/welfare and safekeeping of the child or the personal/ religious laws have influenced the decision making therewith.