Abstract

Family law mediation is commonly used throughout India, yet its present structure centers mainly on adults while keeping children and their interests out of the resolution process. Indian legal systems uphold the “best interests of the child” principle as established law, yet the implementation of this doctrine in mediation conflicts remains nominal and does not involve child participation. This document evaluates the distinction between judicial statements and practical mediation procedures by advocating for direct child input during institutional processes. The study is driven by three core questions to evaluate how the Indian legal system supports children's viewpoints during family dispute settlement procedures. The paper analyzes if the Mediation Act of 2023, as well as other existing legal provisions, provide sufficient support for child-inclusive mediation approaches. The research examines Indian legal frameworks by reviewing “K. Srinivas Rao v. D.A. Deepa” and “Perry Kansagra v. Smriti Madan Kansagra” and “Mohan Kumar Rayana v. Komal Mohan Rayana” alongside other case law. The analysis of practical child voice exclusion and its outcomes uses the case of “Mohan Kumar Rayana v. Komal Mohan Rayana”. Through a doctrinal and comparative research method, the paper analyzes legal texts along with court decisions, as well as international agreements and international best practices. The Mediation Act 2023 lacks child protection features, while insufficient accredited counsellor knowledge, limited resources, and negative community attitudes form major obstacles for child participation. This paper recommends reforming Indian mediation practices according to institutional child representation frameworks from South Africa, coupled with capacity development programs, legislative modifications, and cultural awareness programs. The research establishes a strong normative structure through its proposed mediation framework for India because it demonstrates that child inclusion becomes necessary for achieving genuine judicial solutions throughout family law cases.

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