Why is it in the news?
→ Delhi High Court ruled that welfare and best interests of minor children must prevail over automatic application of the Tender Years Doctrine.
→ Court emphasised custody decisions based on comprehensive evaluation of child’s well-being rather than stereotypical parental assumptions.
Category
Polity
Important Points
- Common law principle in family law and child custody jurisprudence.
- Presumes children of tender age (generally below 5 years) should remain with mother unless she is proven unfit.
- In existence since the latter part of the 19th century.
- Frequently invoked in divorce proceedings.
- Relevance declining due to evolving views on gender equality and parenting roles.
- Delhi High Court held that welfare and best interests of minors are paramount.
- The court stated custody disputes must be resolved through holistic assessment of the child's overall well-being.
- Doctrine based on assumptions of biological bond, nurturing instinct, developmental needs, and emotional security from mother’s presence.