Safeguarding The Best Interests Of The Child: Need For Independent Lawyers For Children In Matrimonial Claims And Custody Disputes In India

Shweta J. Parulekar, B.A.LL.B, LLM (V.M. Salgaocar College of Law Goa)

ABSTRACT:

Children in matrimonial disputes and family law matters fall in a state of vulnerability and it becomes imperative to specifically pay attention to their best interests. Best Interests Principle since undefined, becomes particularised to children in family law matters in India through court decisions and legislations. An analysis of Indian family law reveals only a handful of them pertaining to securing children's rights in these matters. The heterogeneity of family law adds to the difficulty of safeguarding their best interests. An independent legal representative, similar to that seen in common law frameworks such as Australia, then is a plausible solution to safeguarding the best interests of children in family law matters.