Skip to main content

Child Custody

 Child Custody


Introduction

one of the most vital matters that come up after receiving a divorce is the matter of child custody. It

refers to the caring and maintenance of the child less than 18 years of age by the custodial parent.

The term ‘child custody’ refers to the legal and practical relationship between a parent and his or her

child.

Definition

Parent will have care, custody, and control of a child by the decision of the court. In some cases, the

parents may share the custody of the child, but only one parent, or to both parents jointly may be

given the actual physical custody of the child.

Types of custody

1. Legal Custody

2. Physical Custody

3. Joint Physical Custody

4. Sole Custody

Legal Provisions

In India issues involving child custody and guardianship, The Guardians and Wards Act, 1890 is the

universal law. However, India also sanctions laws pertaining to different religion.

Hindu Law:

 Section 26 of Hindu Marriage Act, 1995 states the Custody of Child.

 Section 38 of Special Marriage Act, 1954 deals with the Child’s Custody if both the parents

belong to different religions.

 Hindu Minority and guardianship Act, 1956 states that only Biological Hindu parents have

right to seek the custody of their minor child.

Muslim Law:

In Muslim law, only the mother has sole custody of the children under the right of Hizanat unless she

is proven guilty of misconduct.

 Mother have right to the custody of her minor children under the Shia law, until a son is 2

years old, and the daughter attains the age of 7.

 Under Hanafi law, also provided that custody of a child is with the mother until a son attains

the age of 7 and daughter attains puberty.

 The mother’s right of custody continues even if she is divorced but after remarriage, the

custody transfer to the father.

Case Law

Roxann Sharma V/S Arun Sharma


In this case, court held that the both have equal rights to get the custody but the child is under a

very young age according to section- 6(a) of Hindu Minority and Guardianship Act, 1956 mother will

get the custody for the reason of welfare of the child. Court furthers says that the child should be

treated as the chattel and father is treated as the natural guardian but for the child of very young

age mother is the best option because at the very young age child have different needs and require

more care, which is only fulfilled by mother. The Court given this decision after examining the

welfare, needs and care of the child. Father can have the custody in the minor child case but not in

the very young case.

Conclusion

The consideration of consummate significance in a proceeding for the custody of a minor is

the weal of the child. No legal right, preferential right or any other right holds further

significance than the well- being of the child. Any court of law subventions guardianship to

that party who can assure the court that the well-being of the child stylish lies with them.

Labels:

Comments

Post a Comment

Popular posts from this blog

LIMITED LIABILITY PARTNERSHIP

  LIMITED LIABILITY PARTNERSHIP 1. Limited Liability: One of the most important features of a limited liability partnership is that the partners are not personally liable for the debts, obligations and liabilities of the business. This type of protection provides the partners with peace of mind that their personal assets will not be used to cover any business losses. 2. Flexible Governance: A limited liability partnership does not require vast amounts of paperwork as most of the governance of the business can be created by the partners themselves. This allows the partners to create a governance arrangement that best suits the business’ needs. 3. Continuity of Business: In the event of the death or departure of a partner from the business, the remaining partners can continue the business without any disruption. This is due to the fact that limited liability partnerships are not dependent on the individual partners, but rather the business as an entity. 4. Tax Advantages: Limited lia...
Post a Comment
Read more

A Guide to Renew a Trust License in India

  What is a Trust License in India and How to renew it? Table of Content Introduction What is Trust License in India? What is Trust in an Indian Context? List of documents required to renew a Trust License in India What is the procedure to renew Trust License in India? Conclusion Introduction The Indian Trusts Act of 1882 has been used to register many recent charitable trusts in India. Providing education, health care, financial aid, and environmental programs are just a few of the problems that charity trusts aim to address. Trust registration is the procedure of legally authorizing an institute/trust for the proper authorities of the area. The legalization of the trust is very advantageous and permits tax exemption. In this article information on “How to renew a Trust License in India?”, and Documents required to renew a trust license is mentioned. What is Trust License in India? The process of legalizing the trust deed (a binding legal agreement between the settler and the trus...
Post a Comment
Read more

Meaning of Payroll Audit and Benefits of Internal Payroll Audit

  Payroll Audit: Meaning, Benefits, and Process to perform Internal Payroll Audit Table of Content Introduction Meaning of Payroll Audit of a Company Benefits of an Internal Payroll Audit The process to perform an Internal Payroll Audit of a Company Take away  Introduction Payroll processing is arguably one of an employer’s most important responsibilities. It poses numerous challenges to HR and payroll professionals. One small error can ruin many things, including one’s reputation. Naturally, finding a reputable payroll service provider who will ensure that the organization’s niche requirements are met is critical. The first step, however, is to conduct regular payroll audits. This article will cover information on Internal Payroll Audit, the Benefits of Payroll Audit, and the Process to perform an Internal Payroll Audit of a Company. Meaning of Payroll Audit of a Company A payroll audit is an examination of a company’s payroll process in order to ensure its accuracy...
Post a Comment
Read more