Mehak Baid, B.Com. LL.B. (Hons.), Jindal Global Law School, Sonipat ABSTRACT One of the most confidential issues in court are custody cases where legalistic arguments tend to conceal the emotional wrath of the children. Historically, the Indian family law had children as passive subjects whose decisions were made based on parental claims and judicial interpretation of welfare. Nonetheless, as constitutional values and international obligations like “UN Convention on the Rights of the Child”...