About Tender Years Doctrine:
- It is a prominent common law principle in family law and custody jurisprudence.
- It presumes that children of "tender age" (generally under 5 years) should remain with their mother unless she is proven unfit.
- The doctrine rests on several presumptions:
- Biological Bond: Infants have a natural attachment to mothers.
- Nurturing Instinct: Mothers are presumed better caregivers for young children.
- Developmental Needs: Early childhood requires maternal involvement.
- Emotional Security: Mother's presence provides psychological stability.
- Recent Delhi High Court Ruling:
- It held that the best interests and welfare of minor children are paramount and must override the application of the Tender Years Doctrine.
- The court also held that custody disputes must be resolved based on a comprehensive evaluation of the child’s overall well-being rather than stereotypical assumptions regarding parental roles.
