Karnataka High Court
Credit: DH File Photo
Bengaluru: The Karnataka high court has directed the courts in the state to adopt the guidelines enforced by the Calcutta High court in matters pertaining to Child Access and Custody. “We clarify that the said guidelines shall be applied till the Rules are made by the Rulemaking Committee and are approved in accordance with law,” a division bench comprising Chief Justice Vibhu Bakhru and Justice CM Poonacha said.
The bench was hearing the Suo Motu PIL registered in 2023 relating to framing of appropriate guidelines in child custody cases. Subsequently, a Child rights NGO - Ayushman Initiative for child Rights (AIFCR) - was permitted to implead as a respondent in the proceedings.
The NGO, also a party to the proceedings in the PIL before the Calcutta High court, submitted that the Child Access And Custody Guidelines along with Parenting Plan 2025 was formulated and placed before the Calcutta High court. It was further submitted that Karnataka may adopt the same guidelines till such time that the union government may come up with any modifications.
The division bench headed by the Chief Justice directed the Registrar General to circulate these guidelines to all the District Judges and Family Courts and Magistrates in the State exercising jurisdiction in the matters relating to Protection of Women from Domestic Violence Act, 2005. A direction was also issued to the effect that these guidelines be placed before the Rule Committee for considering the necessary changes.