SVKMs NMIMS

Kirit P Mehta School of Law, Mumbai

Synopsis Submitted
On
CUSTODY UNDER FAMILY LAW

In compliance to partial fulfillment of the marking

scheme, for Trimester 10 of 2017-2018, in the subject of

FAMILY LAW- I

Submitted To
Professor Ishnoor Arora

ADARSH HIMATSINGHKA
A032
BBA LLB (H)
INTRODUCTION

At present, our legal framework for custody is based on the assumption that custody
can be vested with either one of the contesting parties and suitability is determined in
a comparative manner.
But, just as the basis for dissolving marriage has shifted over time, from fault based
divorce to mutual consent divorce, we need to think about custody differently and
provide for a broader framework within which divorcing parents and children can
decide what custodial arrangement works best for them. In modern day custody
battles, neither the father, as the traditional natural guardian, nor the mother, as the
biologically equipped parent to care for the child of tender age, are routinely awarded
custody. The principle, best interest of the child takes into consideration the
existing living arrangements and home environment of the child, each case will be
decided on its own merit, taking into account the overall social, educational and
emotional needs, of the child.

In the legal systems of several western countries, there is a presumption in favor of

joint custody and sole custody is awarded only in exceptional circumstances, we are
already aware of the inequalities in parental roles, responsibilities and expectations
that exists in our country.

RESEARCH METHODOLOGY

The research adopted basically is doctrinal in nature, and the emphasis is to analyze
the statutory provisions, with the help of the opinions of jurists and policy framers
available in current Law and journals in India and abroad and on Internet websites.
The judicial interpretation that is helping in the emergence of a new corporate
jurisprudence is a major area of analysis. For the purpose of primary data scholar
would endeavored to collect views of legal, social, political luminaries in various
professions as academics, and practitioners of law. The effort of the scholar is in
Toto; an observation on various events/incidents would also be used as a primary data
for the purpose of the study.
LITERATURE REVIEW

The task for the court, then, is both to ascertain and understand that cultural
environment in which children before the court are developing. With all other factors
equal, the custodial determination should be significantly influenced by the cultural,
religious or social orientation of the child.

HYPOTHESIS

The status quo on custody of a child after dissolution of the marriage in India has
been free of any gender prejudices and inequalities in terms of deciding the custodian
and the decision always rests on the principle of looking at the best interests of the
child.

RESEARCH QUESTIONS
- What are the prevalent statutory laws in India with reference to the custody of
a child?
- What are the factors taken into consideration while adjudicating the custody?
- When and how has there been a shift in the interpretation of custodian laws by
the judiciary after the Gitahariharan case?
- How do custodian laws differ under different family legislations in India?

TENTATIVE CHAPTERISATION
Chapter 1- Introduction
Chapter 2- Analysis on Research Questions
Chapter 3- Analysis of Landmark case laws
Chapter 4- Conclusion and suggestions
Chapter 5- Bibliography