BENGALURU: The Karnataka High Court directed all the courts in the state to follow the guidelines approved by the Calcutta High Court for child access and child custody, along with the parental plan, till the Rule Committee frames the guidelines in the state. A division bench of
Chief Justice Vibhu Bakhru and Justice CM Poonacha passed the order while hearing the suo moto public interest litigation registered by it on the matter in 2023.
The court noted that the counsels for the parties stated that the Child Access and Custody Guidelines, along with Parenting Plan 2025, were formulated with the participation of several stakeholders and the said guidelines were placed before the Calcutta High Court. The same have been directed to be circulated in terms of the order dated September 23, 2025.
The counsels told the court that those guidelines may be directed to be adopted till the same are considered by the Rule Committee and appropriate changes are made, which may be necessary.
Taking on record the guidelines placed before it, the court noted that the High Court of Calcutta, while considering a Public Interest Litigation for a direction to frame appropriate guidelines for child access, child custody, along with a parental plan, had referred the matter to the Rule Committee of the said Court.
The Rule Committee invited suggestions from the District Judges, Directors of the Judicial Academy, State of West Bengal, Child Psychologists and other relevant stakeholders, who had held various deliberations with regard to the suggestions made.
A Sub-Committee was also appointed for the said purpose, and guidelines have been framed. Pursuant to which, the High Court of Calcutta, by order dated September 23, accepted the same and ordered that till the Rules are framed and approved, the guidelines be followed.
In view of this, “we direct that the said guidelines be placed before the Rule Committee for considering the necessary changes. In the meanwhile, the Registrar General should circulate these guidelines to all the District Judges, Family Courts and Magistrates in the state exercising jurisdiction in matters relating to the Protection of Women from Domestic Violence Act, 2005. We clarify that the said guidelines should be applied till the Rules are made by the Rule Making Committee and are approved in accordance with law,” the court observed.