Every divorce involving conflicts about the child custody and visitation rights
is not easy for resolving the issue, but the same can be resolved with the help
of an experienced, knowledgeable child custody advocates for father and mother,
skilled in negotiation and litigation. We help you by guiding you with best legal
advice and mediation of if required we are committed to fight hard to protect your
Child Custody Laws India
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.
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.
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.
There is no separate Act for the custody of the child in Christians. Therefore Christians
follow the Indian Divorce Act, 1869..
The custody of the children is provided in Parsi Marriage and Divorce Act, 1936
under section 49.
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.