Child Custody

Child custody

The issue of child custody crops up during divorce proceedings or judicial separation; it becomes an important issue to be decided by the courts. It refers to the process of controlling, caring, and maintenance of a child less than 18 years of age by the custodial parent (the rights being granted by the court) under set parameters such as financial security, understanding of the child, lifestyle, etc.

Laws Regarding Child Custody

• Section 26 of the Hindu Marriage Act, 1955, bestows the authority to pass interim orders, judgments, amendments, etc., concerning the child’s maintenance and can dispose of the pending decree within 60 days from the date of service of notice of the court.
• This  Act deals with the maintenance, education, and care of a child and validates the child’s custody if both parents follow the Hindu religion. Under this  Act, the court can at any point in time pass interim orders, judgments, amendments, etc., for the child’s maintenance and can dispose of the pending decree within 60 days from the date of service of notice.
• Hindu Minority and Guardianship Act, 1956 declares that only biological Hindu parents have the right to seek the custody of their minor child; step-parents are not given the right to seek the custody of their minor child only if they are Hindu.
• Section 38 of Special Marriage Act 1954:  The Act validates the child’s custody if both the parents belong to different religions or have undertaken a court marriage. Under this Act, the court can at any point in time pass interim orders, judgments, amendments, etc., for the child’s maintenance and can dispose of the pending decree within 60 days from the date of service of notice
• The Protection of Women from Domestic Violence Act, 2005 (“DV Act”) has been instituted to defend women’s interests; however, children also. Section 21. Custody orders.—Notwithstanding anything contained in any other law for the time being in force, the Magistrate may, at any stage of hearing of the application for a protection order or any other relief under this Act, grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for the visit of such child or children by the respondent

Factors that affect the determining of child custody

1. The best parent to meet the educational and medical needs.
2. The best parent to meet the emotional needs.
3. The best parent with whom the child is attached.
4. The earning capacity of parents.
5. The best parent who can provide a safe and secure environment.

For more information and legal advice, contact –

Advocate Deepti Dogra and Associate

Phone no.-8989696931

Email [email protected]

1201, Vikas Surya Arcade, 2nd Floor, CU Block LSC Uttari Pitampura, New Delhi-110030