International Journal of Development in Social Sciences and Humanities

When it comes to family law, few topics are as emotionally and legally fraught as child custody. The "best interests of the child" criterion, which originates from constitutional principles and international obligations such as the UN Convention on the Rights of the Child (UNCRC), is the guiding factor in child custody judgments in India. Civil legislation like the Special Marriage Act of 1954, the Guardians and Wards Act of 1890, and the Hindu Minority and Guardianship Act of 1956 are the main tools used by the Indian legal system to handle custody issues. But the criminal justice system is as vital in protecting children from abuse and violence in the home. Claims of abuse, neglect, or violence in the context of a custody dispute highlight the importance of the interaction between criminal and family law. Articles 14, 15(3), 21, and 39 of the Indian Constitution provide children the right to a secure and caring home, and it is the responsibility of the courts to strike a balance between the two. This article delves at the Indian legal system's approach to child custody, the constitution's goals for children's welfare, and the way courts handle domestic violence cases, drawing attention to the difficulties courts have while trying to protect children's rights. At the end, it stresses the need of child-centered justice, better communication between criminal and family courts, and counseling programs that safeguard children's mental and legal health.