Abstract

In India, mothers are often more likely to gain custody of children following a divorce due to a combination of legal, cultural, and social factors. Legally, the Indian judiciary tends to prioritize the welfare and best interests of the child, frequently interpreting these as being best served under the care of the mother, especially for young children. This inclination is rooted in the "Tender Years Doctrine," which suggests that children under a certain age are better off with their mothers. Culturally, traditional Indian society views mothers as primary caregivers, reinforcing the belief that children naturally belong with their mothers. Additionally, societal norms and gender roles in India often position women as homemakers and men as breadwinners, further supporting the notion that mothers should take primary responsibility for childcare after divorce. While recent years have had some shifts towards more balanced and gender-neutral custody decisions, these deep-rooted perspectives continue to influence custody decisions, leading to mothers predominantly being awarded custody. This inclination reflects broader societal values and the enduring impact of traditional views on family and child-rearing in India. This article deals basis for granting, the basis for terminating such rights and about the current gender-neutral approach for granting custody.

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