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Tender Years Doctrine

Kumari Sonali

Tender Years Doctrine:

The Delhi High Court recently held that the welfare and best interests of minor children must prevail over the application of the 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.

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