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To analyze the dynamics of child custody laws in India, focusing on the balance between parental rights and child welfare.

June 15, 2026Open Access

Child Custody Jurisprudence in India: The Paramount Welfare Principle and the Parental Rights

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To analyze the dynamics of child custody laws in India, focusing on the balance between parental rights and child welfare.
Critically examines statutory parental rights versus the welfare principle in landmark Supreme Court cases.
Explores gender inequalities and constitutional challenges within custody laws, assessing judicial interpretations.
Addresses international child custody disputes and judicial responses to these challenges.
Judiciary employs parens patriae to prioritize the child's welfare over absolute statutory custody rights.
Findings highlight significant gender-related disparities in custody decisions, impacting maternal rights under the Constitution.
Judicial evolution showcases a gradual shift towards child-centric approaches and proposals for shared custody.

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Legal analysis reveals evolving child custody frameworks in India, indicating a shift towards child welfare.

Asmita Mallick (2026) studied this question.

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