Supreme Court Issues Guidelines on Psychological Evaluation of Children in Custody Disputes

The Supreme Court has laid down binding guidelines for the psychological evaluation of children in family court custody disputes, prioritising child welfare and trauma-free justice. In Sheetal Vasant Thakur v. Chirag Arora, the Court addressed a growing concern that children involved in custody battles were being subjected to multiple, adversarial psychological assessments that cause harm rather than advance their best interests. The ruling establishes a framework to ensure evaluations are conducted by qualified professionals, limited in number, and focused on the child's welfare rather than serving as litigation tools.

Background: Growing Misuse of Psychological Assessments

Family courts across India have increasingly relied on psychological evaluations to determine custody, visitation, and guardianship matters. However, the Supreme Court observed that in many cases, both parents commission competing psychological reports from professionals of their choice, turning the child into a subject of adversarial examination. The Court noted instances where children were subjected to four or five separate evaluations over a short period, causing significant emotional distress. This ruling builds on the Court's earlier jurisprudence on child welfare in custody matters, as discussed in our guide on child custody laws in India.

Key Guidelines Established by the Court

The Supreme Court directed that family courts should appoint a single, court-approved psychologist for evaluation rather than permitting each party to commission separate reports. The evaluation must be conducted in child-friendly settings, with the evaluator trained in forensic psychology or clinical child psychology. The Court further directed that no child shall be subjected to more than two psychological evaluations in a single custody proceeding unless exceptional circumstances warrant it. Video recording of evaluation sessions was recommended where the child is above 10 years of age, with consent. The guidelines apply to all family courts, district courts, and High Courts adjudicating custody disputes. For the broader framework of family law proceedings, see our coverage of how to file for mutual consent divorce in India.

Impact on Pending and Future Cases

The judgment has immediate implications for thousands of custody cases pending across India. Courts must now ensure compliance with these guidelines before admitting psychological evaluation reports. The ruling also directed the National Legal Services Authority (NALSA) to prepare a panel of qualified child psychologists in each district who can be appointed by courts for such evaluations. The emphasis on single, neutral evaluations is expected to reduce litigation costs and, more importantly, minimise the emotional harm to children caught in custody disputes. As noted in the Supreme Court's alimony guidelines for 2026, the Court continues to prioritise welfare-oriented approaches in family law matters.

Related Reading

For more on how courts handle divorce and related disputes, see How to File for Divorce in India: Mutual Consent vs Contested Process.

For maintenance rights in family disputes, see How to File a Maintenance Case Under Section 144 BNSS in India.

Key Takeaways

Family courts must appoint a single, court-approved psychologist for child evaluations in custody disputes. No child shall be subjected to more than two psychological evaluations in a single proceeding. NALSA is directed to prepare district-wise panels of qualified child psychologists. The guidelines aim to minimise emotional harm to children and reduce adversarial psychological assessments.