When parents separate, the hardest question is rarely about property. It is about the children. In the middle of a bitter custody fight, one parent will often ask the court to send the child for a psychological or psychiatric evaluation, sometimes to prove abuse, sometimes to prove parental alienation. In June 2026, the Supreme Court drew a firm line around this practice. If you are searching “bacche ki custody kaise milti hai” or “talaak ke baad baccha kiske paas rahega”, this guide explains the new framework in plain language and what it means for mothers and fathers.
What are the new child custody rules in 2026?
In Sheetal Vasant Thakur v. Chirag Arora (2026), the Supreme Court held that psychological evaluation of a child cannot be ordered routinely in custody or visitation disputes. Courts must record specific reasons showing it is necessary, follow a principle of minimum intrusion, ordinarily appoint a single independent expert rather than a panel, and assess the parents’ mental condition first. Above everything, the welfare and best interest of the child stays paramount, and a parent’s rights are subordinate to it.
Why custody disputes are turning to psychological testing
Custody litigation in India has become sharply adversarial. As separations rise, parents increasingly turn to expert assessments to strengthen their case. A father may seek testing to show the mother has turned the child against him. A mother may cite an evaluation to establish trauma or abuse. The concern the Supreme Court flagged is simple: the child, who is meant to be protected, can end up being examined again and again as a tool in the parents’ battle. Repeated questioning and testing can cause more harm than the dispute itself.
This is not a rare situation. Family courts across Delhi, Gurugram, Faridabad, Noida, and beyond see custody applications where each parent files competing expert requests. Before this ruling, there was no clear national standard on when a child could be sent for psychological or psychiatric evaluation, which left room for the process to be misused as pressure. The 2026 judgment fills that gap with a single, child-first rulebook that every family court must now follow.
The 2026 Supreme Court ruling, in plain language
The case of Sheetal Vasant Thakur v. Chirag Arora, cited as 2026 INSC 638 and 2026 LiveLaw (SC) 618, was decided on 11 June 2026 by a Bench of Justices Sanjay Karol and N. Kotiswar Singh.
The background matters. The couple married in 2015 and moved to the United States, where their daughter was born in 2016. The mother alleged domestic violence and that the father had sexually abused the child at around age two. After an assault in 2019, she returned to India with the child, and FIRs followed under the penal law and the POCSO Act in Pune and Faridabad. The father sought expert evaluation of the child, initially framed around parental alienation, to re-establish contact. The Family Court in Pune refused. The Bombay High Court first appointed a single expert, then expanded it to a four-member panel, including experts suggested by the father, one based in the USA. The Supreme Court set aside that panel order.
What the Hon’ble Court observed
The Bench laid down principles meant to guide every family court in the country:
- Psychological or psychiatric evaluation of a child “shall not be directed as a matter of routine” merely because custody, visitation, or access issues arise between parents.
- Courts must adopt the standard of minimum intrusion while acting as parens patriae, the guardian of the child.
- The rights of parents are “subservient to the welfare and best interest of the child.”
- Emotional stability, psychological security, dignity, and mental health are “vital components” of the welfare of the child.
- Drawing on the principle behind Section 33(5) of the POCSO Act, the Court warned that repeated engagement of a child in legal processes “may itself become a source of trauma.”
The Court then modified the High Court’s orders, directed a psychological assessment of both parents first, and sent the matter back to the Family Court. This approach reflects the child’s right to dignity and psychological integrity under Article 21 of the Constitution, and the best-interest principle recognised in international child-rights norms such as the UN Convention on the Rights of the Child.
The new safeguards for children
Assess the parents first
The most practical shift is this: before subjecting a child to any evaluation, the court should examine the conduct and mental condition of the parents. Custody is decided by looking at the adults’ behaviour and stability, not by turning the child into the primary subject of investigation.
Minimum intrusion and a single independent expert
Where an evaluation is truly necessary, the court must record reasons, keep the process as limited as possible, and ordinarily appoint one neutral, independent expert rather than a large panel. The expert cannot be a partisan choice of either parent, which directly answers the earlier practice of stacking panels with favourable specialists.
Protection from manipulation, alienation, and false memory
The Court was alert to parental alienation, coaching, and the risk of implanting false memories in a child. Importantly, it held that “parental alienation syndrome” is not a diagnosable medical syndrome to be assumed, but a question of fact to be proved through specific evidence of alienating behaviour. This is a balanced position that neither ignores alienation nor lets it be used as a label without proof. Our detailed post on how courts view parental alienation in India explains how to evidence it.
How “welfare of the child” is actually decided
The 2026 ruling sits on top of a settled framework. Indian courts decide custody under the Guardians and Wards Act, 1890, and the Hindu Minority and Guardianship Act, 1956, and the guiding star is always the welfare of the child, not the automatic right of either parent. Factors courts weigh include:
- The child’s age, health, and emotional needs
- Each parent’s character, conduct, and financial and emotional capacity
- The child’s education, stability, and existing environment
- Any history of violence, abuse, or alienating behaviour
- The child’s own reasonable preference, depending on age and maturity
It also helps to understand the main forms custody can take:
| Type of custody | What it means | When it is used |
| Physical (sole) custody | The child lives with one parent; the other gets visitation | One parent is the primary caregiver |
| Joint custody | Parents share physical time and/or major decisions | Both are fit and can cooperate |
| Legal custody or guardianship | Right to decide education, health, and welfare | Can be shared even if the child lives with one parent |
| Visitation or access | Scheduled time and contact for the other parent | To preserve the child’s bond with both parents |
Beyond these factors, courts value continuity and stability. A child who is settled in a particular school, home, and routine is usually not uprooted without a strong reason, and siblings are ordinarily kept together. Custody is never treated as a reward for the better-behaved spouse or a punishment for the other. It is a forward-looking decision about where the child will be safest, happiest, and best supported to grow, which is why courts increasingly prefer arrangements that keep both parents meaningfully involved wherever that is safe.
What this means for mothers and fathers in custody cases
For mothers, the tender years assumption that very young children stay with the mother remains influential, but is not an absolute rule. Courts increasingly treat it as one welfare factor among many rather than a guarantee. A mother who is the stable, primary caregiver still has a strong position, but she must avoid alienating conduct.
For fathers, the ruling is encouraging. Custody or meaningful access is decided on the child’s welfare, so a father can and does get custody or strong visitation where that serves the child, and false alienation cannot be assumed without evidence. Several High Courts have also leaned toward shared parenting and structured access, moving away from treating one parent as a mere visitor. If your matter crosses borders, our guide on NRI child custody when parents live in different countries is a useful companion.
Practical steps if you fear parental alienation
- Keep a factual diary. Record missed visitations, cancelled calls, and specific incidents with dates, rather than vague complaints.
- Preserve digital proof. Messages, call logs, and emails can establish a pattern of alienating behaviour, as explained in our note on digital evidence in divorce cases.
- Do not badmouth the other parent in front of the child. Courts notice this, and it can rebound on you.
- Seek structured visitation through the court rather than relying on informal arrangements.
- Ask for parental assessment, not child testing, in line with the 2026 ruling, so the focus stays on the adults’ conduct.
- Act early with legal help, because a documented, welfare-focused petition is far stronger than a last-minute reaction.
Bacche ki custody kaise milti hai? Hindi keywords people search
Common searches on this topic include: बच्चे की कस्टडी कैसे मिलती है, तलाक के बाद बच्चा किसके पास रहेगा, बच्चे की कस्टडी के नियम, chote bacche ki custody kise milti hai, pita ko custody kaise milegi, and custody me bacche ki marzi kitni maayne rakhti hai. If you searched any of these, this guide answers them, and a lawyer can apply them to your facts.
How Advocate Preeti JD approaches child-centric custody
Advocate Preeti JD, Associates and Solicitors focuses entirely on family and matrimonial law, and child custody is one of the firm’s most sensitive practice areas. With over seventeen years of experience, Advocate Preeti JD builds custody cases around what the child actually needs, using the modern welfare framework rather than aggressive tactics that courts now discourage.
The firm helps you:
- Frame a custody or child custody petition on genuine welfare grounds
- Evidence or defend against parental alienation without harming the child
- Seek fair visitation, joint custody, or guardianship as the facts allow
- Coordinate custody with divorce, maintenance, and child support, and, where relevant, grandparents’ visitation rights
- Represent you across courts as the best family lawyer in Delhi NCR, the best family lawyer in Gurgaon, and in Faridabad and Delhi
For the full statutory picture, see our complete guide to child custody laws in India. If you are in a custody dispute, a calm early consultation can protect both your rights and your child. You can reach the office at the numbers below or book an appointment online.
Frequently Asked Questions
Can a court order a child to undergo psychological testing?
Only when genuinely necessary. After the 2026 Supreme Court ruling, testing cannot be routine. Courts must record reasons, follow minimum intrusion, use a single neutral expert, and usually assess the parents first rather than the child.
Who gets custody of a child below five years?
The tender years principle favours the mother for very young children, but it is not absolute. Courts decide on the welfare of the child, weighing each parent’s stability, conduct, and the child’s needs, so fathers can also obtain custody.
What is parental alienation in custody cases?
It is when one parent manipulates a child to reject the other. The 2026 ruling treats it not as a fixed medical syndrome but as a question of fact, provable through specific evidence of alienating behaviour rather than assumption.
Can a custody order be changed later?
Yes. Custody orders are not permanent. If circumstances change, such as relocation, the child’s needs, or a parent’s conduct, either parent can apply to modify custody or visitation, and the court again applies the welfare test.
Does the child’s own preference matter?
Yes, depending on age and maturity. Courts may hear an older child’s reasonable preference as one factor, but it is not decisive on its own. The overall best interest of the child guides the final decision.
What did the Supreme Court decide in Sheetal Vasant Thakur v. Chirag Arora (2026)?
The Court held that a child’s psychological evaluation cannot be ordered routinely in custody disputes, set aside a four-member expert panel, directed assessment of both parents first, and reaffirmed that the child’s welfare is paramount.
Can a father get custody of his child in India?
Yes. Custody depends on the child’s welfare, not the parent’s gender. A father who is a stable, involved caregiver can obtain custody or strong visitation, especially where alienation or unfitness of the other parent is shown by evidence.
Talaak ke baad bacche ki custody kise milti hai?
Custody is decided on the welfare of the child, not automatically on the mother or father. The court weighs each parent’s stability, conduct, and the child’s needs, and can grant sole, joint, or visitation arrangements accordingly.
What is the difference between custody and guardianship?
Custody concerns who the child lives with day to day, while guardianship or legal custody is the right to make major decisions on education, health, and welfare. One parent may have custody while both share guardianship.
Chote bacche ka psychological test court kara sakta hai kya?
Only if clearly necessary and justified. Under the 2026 ruling, courts avoid routine testing of young children, prefer assessing parents first, and use a single independent expert to prevent re-traumatisation of the child.
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