How is Child Custody granted in a contested divorce?

Dated: 2024-03-04 21:17:07

How is Child Custody granted in a contested divorce?

Answers by Lawyers

According to Section 13 of Hindu Minority and Guardianship Act, 1956, while granting the custody of a child or appointing a guardian for a minor child the main consideration is the welfare of the child. The Guardian court in case of a dispute between the mother and the father, is expected to strike a just and proper balance between the requirements of welfare of the minor children and the rights of their respective parents over them.


However, barring special circumstances, the custody of the children is granted in the following manner:

  1. Minor under the age of 5 years is given in the custody of the mother.
  2. Subject to the welfare of the child, the custody of older girls is given to mothers and of older boys to fathers.
  3. If the child is of 9 years or more, then his choice is also given consideration, however it is subject to the condition of welfare of the child.



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