Table of Contents
Do mothers have more rights to child custody than fathers in India?
As per the laws on Indian child custody, both divorced parents have equal rights over the child even after legal separation. One parent winning custody doesn’t mean the other ceases to be the parent and loses all rights over the child.
At what age can child decide custody in India?
So the answer to the question or a query that can child in India ever choose that which parent to live with is YES! But only after attaining a particular age i.e. 9 years as per the Guardians and Wards Act 1890 (GAWA). Once a child achieves the age of 9 years in India, his/her preference for custody is considered.
What is the right age for child custody in India?
Courts in India have usually given custody of young children to the mother, on the grounds that ‘children of tender years’ cannot manage without maternal affection. This is not however a hard and fast rule. Children’s preferences for custody and living with one parent over the other are generally considered after 9 years of age.
Can a court give sole custody of a child in India?
Depending on the case, the court may award sole custody to one parent or joint custody to both parents Courts in India have usually given custody of young children to the mother, on the grounds that ‘children of tender years’ cannot manage without maternal affection. This is not however a hard and fast rule.
Who is the legal guardian of a child in India?
Child Custody Under Hindu Law. The custody of a boy or an unmarried girl below the age of 18 years and above the age of 5 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death the custody shall be given to the mother.
What is the law of child custody in Hinduism?
As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child.