Published Jun 13, 2026 | 8:00 AM ⚊ Updated Jun 13, 2026 | 9:30 AM
Representational image. Credit: iStock
Synopsis: Thousands of children caught in Kerala’s bitter divorce battles are growing up amid emotional trauma, legal uncertainty and broken support systems, as courts struggle without a child-centric framework to protect their well-being. The Kerala High Court’s decision to adopt the Calcutta model has once again exposed how children in divorce disputes are often treated as collateral damage in prolonged parental conflicts.
Children caught in bitter custody battles in Kerala continue to pay the highest price for a broken system that offers little emotional protection, legal clarity or institutional support.
The issue has once again come under sharp focus after the Kerala High Court directed family courts across the state to follow the comprehensive child access and custody guidelines and parenting plan framed by the Calcutta High Court until Kerala evolves its own framework.
The directive has exposed the glaring absence of a child-centric custody mechanism in a state that witnesses more than 30,000 divorce petitions every year.
As marriages collapse and family structures undergo rapid change, children are increasingly being dragged into prolonged legal and emotional conflicts, often reduced to instruments of revenge in disputes between estranged parents.
Experts warn that the trauma of parental alienation, emotional neglect and prolonged custody battles can leave deep psychological scars on children, affecting their relationships, behaviour and mental well-being well into adulthood.
The crisis is compounded by poor infrastructure in family courts, the lack of counselling centres, absence of trained child psychologists and the failure to create child-friendly support systems within the judicial process.
Despite rising cases and repeated concerns raised by courts, Kerala still lacks a comprehensive policy framework to safeguard the interests of children trapped in family disputes — raising troubling questions about whether the system is truly equipped to protect the most vulnerable victims of divorce.
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In a significant move aimed at protecting the welfare of children caught in custody battles, the Kerala High Court has directed family courts in the state to follow the child custody and parental access guidelines approved by the Calcutta High Court until Kerala evolves its own framework.
The directive was issued on 1 June by a division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar VM while considering a habeas corpus petition filed by a mother seeking the custody of her minor child.
The mother told the court that despite a family court decree granting her permanent custody, the child’s father allegedly removed the child from school without informing her and failed to return the child thereafter.
The bench observed that although the mother could have pursued execution proceedings before the family court, she had invoked the extraordinary jurisdiction of the High Court through a habeas corpus petition owing to the father’s conduct.
The court noted that the family court had permitted the child to stay temporarily with the father based on an assurance that the child would be returned within a few days. However, more than a month had elapsed since the 24 April order, and the child had not been returned.
Terming the situation “unfortunate”, the court remarked that the child was being treated “like a pawn in the hands of the parents” and reminded litigating parents that they were expected to act responsibly.
The bench said family courts in Kerala may, for the time being, follow the comprehensive child custody, access and parenting plan guidelines approved by the Calcutta High Court in September 2025.
The guidelines stress structured visitation rights, child-friendly interaction spaces, counselling-assisted parenting plans and strict monitoring mechanisms to safeguard the emotional well-being of children.
While approving the guidelines in 2025, the Calcutta High Court had underscored the long-term psychological and social consequences of denying children the love and affection of both parents after separation or divorce.
The court had observed that alienation of a child by the custodial parent, or denial of meaningful access to the non-custodial parent, often leaves deep emotional scars that may surface later in life through behavioural and psychological issues, including chronic depression, personality disorders, drug abuse, poor academic performance, suicidal tendencies and even criminal behaviour.
Stressing that custody battles should not become instruments of emotional warfare between parents, the court said there was an “urgent need” for a clearly defined framework to guide family courts and counsellors while deciding child custody and visitation disputes.
The guidelines, framed after extensive consultations with stakeholders and finalised by the Rule Committee of the Calcutta High Court on September 24, 2024, sought to place the child’s welfare at the centre of custody adjudication.
Notably, Justice Soumen Sen was himself a member of the Rule Committee that approved the guidelines.
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A study conducted by the Kerala Child Rights Commission in 2024 has revealed the deep emotional and social trauma faced by children caught in prolonged divorce battles in the state.
The report, titled “Problems Faced by Children of Parents Who Have Filed Divorce Cases in Kerala and Family Court Conditions,” paints a disturbing picture of how family disputes and inadequate court facilities are affecting children’s mental health and overall development.
The study identifies psychological, emotional, physical, social, financial and legal hardships experienced by children whose parents are involved in divorce proceedings.
According to the findings, children accompanying their parents to family courts are often forced to spend hours in crowded and stressful environments that lack even basic child-friendly facilities.
Parents who participated in the study pointed out the absence of clean drinking water, hygienic restrooms, breastfeeding spaces and safe waiting areas in court premises. Many children are taken to courts and mediation centres because there is nobody at home to care for them, exposing them to tense arguments and emotionally charged situations.
The report also notes that children spend long hours idle in courts, mostly on mobile phones, increasing the risk of mobile addiction. Verbal clashes between parents over custody issues inside court premises often trigger anxiety, fear and emotional stress among children.
Economic instability following parental separation has further worsened the situation for many families. The Commission found that several children struggle with loneliness, insecurity and behavioural issues after parents begin living separately, even before divorce proceedings are completed.
The study highlights that nearly 28 per cent of children surveyed (total children surveyed were 120) said parental fights made them feel lonely and unwanted, with some experiencing severe anxiety and suicidal thoughts. Researchers observed behavioural changes including anger, frustration, fear and disobedience among children affected by marital disputes.
The Commission concluded that children of separated parents in Kerala face emotional distress, socio-psychological pressure, financial insecurity and health-related challenges that significantly impact their growth and well-being.
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As debates around marriage, separation and custody continue to evolve in Kerala, child rights activists and family counsellors are raising serious concerns over a growing but often ignored crisis — the emotional suffering of children trapped in broken relationships and prolonged family disputes.
According to Anson P.D. Alexander, founder of Kanal, an NGO working for child empowerment, some of the most vulnerable children today are those born into relationships that exist outside legal recognition.
“We are discussing legally recognised marriages, but there are many situations where young men and women, often from socially and economically backward settlements, begin living together without registering their marriage,” he said.
“In India, the legal age of marriage is 18 for women and 21 for men. In many such cases, couples start families before entering into legally valid marriages. When conflicts arise later, the children suffer the most because the relationship itself stands outside the legal framework,” he observed.
Alexander pointed out that another disturbing pattern is increasingly visible — individuals entering into new relationships without legally dissolving earlier marriages.
“One partner may leave the marriage and begin living with someone else without obtaining a legal separation. Children caught in such situations often experience deep emotional instability and neglect,” he said.
Referring to the recent Nedumangadu incident, in which a stepfather allegedly murdered a child, he said the tragedy reflected the dangers children can face within fractured family environments.
“Though children suffer in all forms of family conflict, my observation is that those entangled in relationships outside the legal purview suffer the most,” he added.
Alexander also warned against the misuse of legal provisions during matrimonial disputes, especially false complaints filed to gain leverage in custody or divorce battles.
“There are instances where fake POCSO complaints are raised during family disputes. Such actions may be intended to strengthen one side in litigation, but the psychological trauma inflicted on children is unimaginable,” he said.
Family counsellors meanwhile point out that children are increasingly becoming silent casualties in matrimonial litigation.
By the time many parents approach counselling centres, they say, children have already witnessed months or even years of hostility, emotional manipulation and domestic instability.
“In several custody disputes, the child is no longer seen as an individual with emotional needs. The child slowly turns into evidence, leverage or a tool to emotionally hurt the other parent,” said a family counsellor associated with marital mediation cases.
Counsellors say children are frequently exposed to emotionally damaging environments at a very young age.
“What is deeply worrying is that many children are exposed to adult hostility in court corridors, police stations and mediation centres without anyone assessing the emotional impact on them,” added the counsellor.
Mental health professionals attached to family counselling services report a rise in anxiety-related behavioural symptoms among children caught in prolonged parental conflicts.
“We increasingly see withdrawal, fear, aggression, sleep disturbances and emotional insecurity long before the legal dispute actually ends,” a counsellor noted.
Experts also warn about the lasting damage caused when children are repeatedly forced to choose between parents during custody battles.
“Many parents underestimate the psychological damage caused by repeatedly asking children to ‘choose’ between mother and father. That emotional burden can stay with the child for years,” they said.
They also welcomed the Kerala High Court’s recent reliance on guidelines issued earlier by the Calcutta High Court regarding child custody matters.
“The real question is not which parent wins custody,” a counsellor remarked. “The real question is whether the child grows up feeling emotionally safe, heard and protected.”
As family structures become increasingly complex and litigation continues to rise, experts say Kerala may soon need a far stronger child-centred support system — one that looks beyond legal victory and focuses on protecting childhood itself.
