Child custody

Child custody comes into picture when children’s age is below 18 years and the spouses are getting separated or taking the divorce or annulment of marriage or fighting for the physical custody of their child. Family law courts generally base decisions on the best interests of the child or children. In most cases, the non-custodial parent will get visitation rights.

Since in India there are many religions and every religion / most of the religions have their personal laws.

HINDU LAW:

Guardians and Wards Act 1890 (GWA) and Hindu Minority and Guardianship Act 1956 (HMGA) . These Acts are implemented in the matter of child custody and appointment of guardian for the minor.

According to The Hindu Minority and Guardianship Act, 1956 custody of a child till the age of 5 years should ordinarily be with the mother.

MUSLIM LAW:

In Muslim Laws the custody of a child is given to the mother this right is called as right of hidana. But it is not an absolute right; it is made in the interest of the child. The custody can be given to the father if the mother is disqualified by the provisions of the law. This is the same in every other custody law in India as Court will see for the benefit of the child / children.

CHRISTIANS LAWS:

There is no separate Act for the custody of the child in Christians. Therefore Christians follow the Indian Divorce Act, 1869..

PARSI LAWS:

The custody of the children is provided in Parsi Marriage and Divorce Act, 1936 under section 49.

Conclusion:

In India the custody of the child is given by the court after considering the best interest of the child, as the decision is the most emotional and crucial decision.

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