Article Summary
Child custody litigation in India is guided by the principle of the child's welfare rather than parental entitlement. This article examines the key considerations in drafting an effective custody petition, highlighting the importance of clear pleadings, relevant evidence and practical arrangements that protect the child's best interests.
Child custody litigation is fundamentally different from an ordinary dispute between two opposing parties. Courts in India act as the protector of the child’s welfare and must examine the circumstances from the child’s perspective. A significant recent Delhi High Court judgment also demonstrates the importance of approaching custody litigation through the welfare principle rather than merely asserting parental entitlement.
In Suman Sankar Bhunia v. Debarati Bhunia Chakraborty, decided on 23 January 2026, the proceedings arose from a custody order under Sections 7 and 25 of the Guardians and Wards Act concerning two minor children. The Family Court had made detailed arrangements concerning custody, visitation, communication, sharing of information and vacation custody.
A well-drafted custody petition should generally contain:
Background of the parties
Set out the marriage, birth of the child, present living arrangements and relevant matrimonial proceedings.
Existing custody arrangement
Clearly state who presently has physical custody and whether any previous court has passed orders regarding custody or visitation.
Grounds supporting the requested arrangement
The pleadings should be fact-specific and directly connected to the child’s welfare.
Supporting evidence
Documents concerning schooling, medical treatment, residence, employment, communication between parents, previous orders and other relevant material should be identified and relied upon wherever appropriate.
Proposed custody/visitation arrangement
Instead of merely seeking “custody”, the petitioner should, where appropriate, provide a practical proposal dealing with school days, weekends, holidays, festivals, vacations, telephone/video communication and transportation.
Interim relief
Where immediate intervention is necessary, appropriate interim relief may be sought under the relevant statutory framework, including Section 12 of the GWA.
Relief concerning relocation
If there is a genuine apprehension that the child may be removed from the jurisdiction, the petition should place the factual basis of that apprehension before the court and seek appropriate protective directions.
Ultimately, an effective custody petition is not one that merely establishes a parent’s entitlement to the child, but one that demonstrates how the relief sought serves the child’s best interests. The key lies in presenting clear, specific and evidence-backed pleadings, supported by a practical proposal that addresses the child’s present needs as well as long-term welfare. Every allegation, document and prayer should be carefully examined through this lens. In custody litigation, the strongest case is not necessarily the one that argues most forcefully for a parent, but the one that most convincingly demonstrates why the proposed arrangement is in the child’s best interests.
Written By: Adv. Vibhuti Zibbu
Date: 10-Oct-2026
