We need to understand the concept of custody and exactly when the question of child custody arises. When two people get married and have a child together and later on decide to get divorced due to whatever reason on their own, then the question regarding the custody of the child born out of the marriage or in simple words, with whom the child will stay after the split, arises.
When two people in wedlock have a child and then, later on, they decide to split, both of them have a right to keep the child with them and it is up to the discretion of the Court to decide which of the parent is more capable of keeping the child with them and hence who should have the custody of the child. The Indian courts dealing with the cases regarding the custody battle of the parents have clearly mentioned that when parents decide to get divorced the person who gets affected the most is the child born out of that marriage, because growing up a child needs both his/her parents equally. So while deciding child custody the court focuses on the “welfare” of the child with utmost importance.
Welfare of the Child
- Safe-keeping of the child
- The ethical upbringing of the child
- Good education to be imparted
- The economic well-being of the guardian
Custody Under Hindu Law
Hindu Minority and Guardianship Act, 1956:
This is Hindu personal law which essentially does not deal with the custody of a child in case of separation but it plays a very crucial role in determining the terms like minor and “welfare” of the child while deciding the cases of custody in the courts.
In Section 13 of the Act, the term “Welfare” is defined and it has been interpreted to its widest possible meaning by the Indian courts over these years which covers the child’s physical, mental, ethical, and moral all-round welfare.
Hindu Marriage Act, 1955:
Under Section 26 of the Act, the courts have the power to pass interim orders in the cases filed under the Act, with respect to custody, maintenance, and education of minor children, in consonance with their wishes.
Like Hindu Minority and Guardianship Act, 1956, Islamic law, also considers the father of the child as his/her is the natural guardian based on the financial aspect in case of separation. But, in Islamic Law, the concept of Hizanat provides the mother of the child with the power of custody until the male child reaches the age of seven and the female child reaches puberty (12- 15 years) as it is believed that all children need the care of his/her mother up to a certain age irrespective of the continuation of the marriage.
Marriage Registered Under Special Marriage Act, 1954:
Couples who decide to get married under the provision of this act in case of separation they have to apply through Section 38 of the Act which gives the court similar powers as provided under any personal laws.
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Contact for Child Custody
Gupta & Associates offers child custody services in Delhi/NCR exclusively. We provide best legal advice in child custody process. Our experienced lawyers Mrs. Sumita Gupta & Mrs. Shikha Gupta are main key contact for the service in Delhi/NCR.
Call now to our child custody experts for free consultation:
Mrs. Sumita Gupta: +91 98105 86552
Mrs. Shikha Gupta: +91 95603 00360
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