Karnataka High Court orders application of child custody guidelines framed by Calcutta HC for now

The High Court of Karnataka (HCK) has ordered application of the Child Access and Custody Guidelines along with Parenting Plan-2025, notified recently by the High Court of Calcutta (HCC), by all trial courts in the State till the HCK frames its rules for child custody based on these guidelines with appropriate changes.

A Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha passed the interim order while hearing a PIL petition, which the court suo motu initiated in 2023 to frame guidelines for determining issues of child custody in matrimonial disputes before various judicial fora and to involve experts in human psychology.

During the hearing on the petition on December 15, the guidelines notified by the HCC in September 2025 were submitted before the Bench, which in turn decided to follow these guidelines till the Rule Committee of the HCK analysed the guidelines and comes out with rules for Karnataka.

Meanwhile, the Bench said the guidelines framed by the HCC should be applied by all the trial courts in Karnataka exercising jurisdiction in the matters relating to Protection of Women from Domestic Violence Act, 2005, till the HCK framed rules.

The Bench noted that the HCC while considering a PIL petition for a direction to frame appropriate guidelines for child access, child custody along with parental plan, had referred the matter to HCC’s Rule Committee, which invited suggestions from district judges, directors of the judicial academy, State of West Bengal, child psychologists, and other relevant stakeholders, who had held various deliberations.

After the framing of the guidelines, the HCC adopted it on September 23, 2025, for its application in child custody cases till it framed rules based on the guidelines, the Bench noted while adjourning further hearing on the petition till March 13, 2026.