Karnataka High Court Orders Trial Courts to Follow Calcutta HC Child Custody Guidelines Until State Rules Are Framed
Division Bench directs circulation of Parenting Plan 2025 to all family and district courts in Karnataka.
Court stresses importance of child welfare, balanced parenting, and psychological inputs in custody disputes.
By Our Legal Correspondent
New Delhi: December 19, 2025:
In a landmark move, the Karnataka High Court has ordered all trial courts in the state to adopt the Child Access and Custody Guidelines along with Parenting Plan 2025, which were recently approved by the Calcutta High Court, until Karnataka frames its own rules. The decision came during the hearing of a suo motu Public Interest Litigation (PIL) initiated in 2023 to address the lack of uniform standards in child custody and access disputes.
The Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha emphasized that child welfare must remain the paramount consideration in custody battles, and courts should rely on structured guidelines to ensure fairness and consistency.
Background of the Case
The Karnataka High Court had taken suo motu cognizance in 2023 of the need for clear custody guidelines in matrimonial disputes. The Court noted that inconsistent practices across family courts often led to confusion and prolonged litigation, adversely affecting children.
During the December 2025 hearing, the Child Access and Custody Guidelines along with Parenting Plan 2025, framed and approved by the Calcutta High Court in September 2025, were placed before the Bench. Recognizing their comprehensive nature, the Karnataka High Court directed that these guidelines be applied across the state until formal rules are notified.
Court’s Observations
The Bench made several important observations:
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- Uniformity needed: Trial courts must follow a consistent framework to avoid arbitrary decisions.
- Child welfare paramount: Custody arrangements must prioritize the emotional and psychological well-being of children.
- Parenting Plan 2025: The guidelines include structured visitation schedules, shared parenting responsibilities, and mechanisms to reduce conflict.
- Expert involvement: The Court stressed the importance of involving child psychologists and social workers in custody decisions.
- Circulation of guidelines: The Registrar General was directed to circulate the guidelines to all district judges, family courts, and magistrates exercising jurisdiction.
Legal Significance
This ruling has far-reaching implications:
- Interim adoption of Calcutta HC guidelines: Karnataka courts will follow these until state-specific rules are framed.
- Strengthens child rights: Ensures children are not treated as property but as individuals with rights.
- Guides family courts: Provides clarity in handling custody disputes, reducing delays and inconsistencies.
- Encourages shared parenting: Promotes balanced involvement of both parents in a child’s upbringing.
Expert Reactions
Legal experts and child rights activists have welcomed the ruling:
- Family law practitioners in Bengaluru said the guidelines will reduce litigation and provide clarity.
- Child rights NGOs noted that structured parenting plans will help children maintain healthy relationships with both parents.
- Academics highlighted that the ruling aligns with global best practices in custody law.
Broader Context
Custody disputes in India often suffer from inconsistent rulings and lack of structured guidelines. The Calcutta High Court’s Parenting Plan 2025 was developed with inputs from child rights organizations, psychologists, and legal experts.
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Globally, similar frameworks exist:
- United States: Courts emphasize shared parenting and structured visitation schedules.
- United Kingdom: Custody decisions prioritize child welfare, with clear parenting plans.
- Australia: Family law mandates consideration of a child’s best interests, with emphasis on equal parental involvement.
India’s adoption of structured guidelines reflects a growing recognition of the need for child-centric custody laws.
Lessons for Parents and Courts
The case offers important lessons:
- Parents must cooperate: Custody disputes should not be used to settle personal scores.
- Courts must prioritize children: Decisions must focus on welfare, not parental convenience.
- Structured plans reduce conflict: Parenting plans provide clarity and minimize disputes.
- Expert input essential: Psychologists and social workers can help design child-friendly custody arrangements.
Conclusion
The Karnataka High Court’s directive to adopt the Calcutta High Court’s Child Access and Custody Guidelines and Parenting Plan 2025 is a landmark step toward ensuring child welfare in custody disputes. By mandating uniformity across trial courts, the ruling reduces arbitrariness and promotes structured, child-centric decisions.
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This judgment is expected to influence custody practices across India, encouraging other states to adopt similar frameworks until national-level guidelines are framed. For children caught in custody battles, it offers hope for a more balanced and compassionate approach.
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