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.

 

 

Minal B Khona
Can I register a complaint in consumer court in India without a lawyer?
Can I register a complaint in consumer court in India without a lawyer?
What are some basic things I should know about acquring Indian Citizenship before acquiring the same.
A friend of mine wants to acquire Indian Citizenship. Could you just provide us an outline of the Indian Citizenship.
What to do when Police refuses to register your FIR?
Police has refused to register my FIR. I have approached the higher authorities of police, but no action is taken. Plz advise.
WHAT WILL BE THE PROCEDURE FOR OBTAINING LEGAL HEIR CERTIFICATE?
After the demise of my father, someone suggested me to obtain a legal heir certificate but I am not well versed with the proper procedure, nor do I know who has the right to obtain this certificate. Please help me in this regard.
What are the grounds avaliable for me to seek a divorce
My wife is not ready for a divorce by mutual consent. She is also not residing in the house. Can it be a ground to seek a divorce.

Disclaimer

The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at GetLaw.in and has been responded by one of the Child Custody Lawyers at GetLaw.in to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at GetLaw.in or book a Detailed Consultation with a Lawyerserser of your choice to address your query in detail.