Yes, a child’s preference can matter in custody cases in India, but it is not the only deciding factor.
Key points:
- Courts primarily decide custody based on the best interest and welfare of the child.
- The child’s preference is considered if the child is mature enough to express a reasoned opinion (usually older children).
- The weight given to the child’s choice depends on their age, maturity, and understanding.
- Even if a child prefers one parent, the court will still evaluate factors like safety, education, emotional stability, and living conditions.
- The preference is one of several factors and does not automatically determine custody.
- In younger children, the court may give less importance to their opinion.
