- 05-Aug-2025
- Marriage and Divorce Laws
Indian courts are entrusted with the responsibility of protecting the rights and welfare of children, especially in sensitive matters like custody. While most child custody cases begin with a petition from one of the parents, Indian courts also possess the power to take suo moto (on their own motion) action when the welfare of a child is at stake. This rare but important power allows courts to intervene without waiting for a formal request if they receive information or observe situations that may endanger a child's well-being.
If a child is found abandoned, neglected, or living in unsafe conditions, courts can initiate custody proceedings to ensure the child’s safety and placement in a proper environment.
If a parent disobeys an existing custody or visitation order, and this puts the child at risk, the court may take suo moto notice to review or revise the custody arrangement.
Sometimes, alarming cases involving children come to light through media reports, public complaints, or PILs, prompting the court to intervene even without a formal petition.
In a divorce or guardianship case, if the court suspects that the child’s welfare is being compromised, it can independently decide to pass interim or protective custody orders.
If the court becomes aware—through any means—of a child being subjected to abuse, trafficking, or exploitation, it can take immediate custody-related action to protect the child.
High Courts can issue writs in the interest of fundamental rights, including habeas corpus in child custody disputes.
Indian courts act as the guardian of those who cannot protect themselves, especially minor children, allowing them to intervene proactively.
These sections authorize the court to consider the best interests of the child as a guiding principle, even if no parent files a petition.
The Supreme Court can pass any order necessary to do complete justice, including suo moto custody orders.
A child is seen living on the streets after being abandoned by both parents involved in a prolonged custody battle. A local NGO brings this situation to light through a newspaper article. The High Court, after noticing the report, takes suo moto cognizance and orders the child to be placed in a shelter home. Simultaneously, it summons both parents and initiates custody proceedings.
The court exercises its parens patriae powers, issues temporary protective custody, and instructs child welfare officials to conduct a home study. Based on the final report, the court either assigns custody to the more responsible parent or appoints a legal guardian while continuing to monitor the child’s welfare.
Answer By Law4u TeamDiscover clear and detailed answers to common questions about Marriage and Divorce Laws. Learn about procedures and more in straightforward language.