New Delhi, June 11: In a significant ruling aimed at safeguarding the emotional well-being of minors, the Supreme Court has held that children involved in custody disputes should not be subjected to psychological evaluations unless such assessments are found to be absolutely necessary.
A Bench comprising Justice Sanjay Karol and Justice N. Kotiswar Singh observed that family courts must first examine the mental condition and conduct of the parents before considering any psychological examination of the child. The Court underscored that the welfare and best interests of the child must remain the foremost consideration in custody proceedings.
Issuing comprehensive guidelines for family courts across the country, the apex court directed that psychological assessments of minors, where unavoidable, should be conducted only by an independent child psychologist. The interaction with the child, the Court said, must be kept to the bare minimum to avoid causing emotional distress or adversely affecting the child’s mental health.
The Supreme Court also modified the Bombay High Court’s orders that had directed the psychological evaluation of a minor in an ongoing custody battle. The matter was remitted to the concerned family court for fresh consideration in accordance with the newly framed guidelines.
The Bench further advised family courts to remain vigilant about issues such as parental alienation, implantation of false memories, and the impact of pending proceedings under the Protection of Children from Sexual Offences (POCSO) Act while deciding matters related to custody and visitation rights.
Reiterating its role as parens patriae—the guardian of those unable to protect themselves—the Court observed that custody disputes are dynamic in nature and custody arrangements may require modification over time in response to changing circumstances affecting the child’s welfare.
The judgment is expected to serve as an important precedent in family law matters, ensuring that children are protected from unnecessary psychological interventions during often sensitive and prolonged custody battles.
