Table of Contents
Who will get child custody after divorce in India?
Under Hanafi law, custody of a child is with the mother till he attains the age of 7 in case of a boy; and till she attains puberty in case of a girl. The mother’s right of custody continues even if she is divorced but in case of remarriage after divorce process in India, the custody belongs to the father.
Can father take custody of child after divorce?
As per the laws on Indian child custody, both divorced parents have equal rights over the child even after legal separation. If the child is less than 18 years, gaining custody only implies with which parent the child will physically stay.
Do men have to pay child support in India?
It was held that a Hindu divorcee father and a Hindu divorcee earning mother are obliged to contribute for maintenance of their children under the Hindu Adoption and Maintenance Act, 1956. Only the father is not exclusively responsible to maintain children regardless of their mother being capable of earning.
What is the law of child custody after divorce in India?
Custody of Children after Divorce in India – Section 26 of Hindu Marriage Act, 1955
Can a husband get alimony after divorce in India?
A husband or wife can get permanent alimony or maintenance on or after their divorce under Section 25 of the Hindu Marriage Act, 1955 (Hindu law). The wife can also get maintenance in Section 125 of the Criminal procedure code.
Why is child custody a secular issue in India?
India is a secular country for this to make provisions for dealing with the matter of child custody enacted the matrimonial legislation under personal law. Such as: To deal with matters related to the custody of the child under the Hindus law. They have an additional Act, viz the Hindu Minority and Guardianship Act 1956 (HMGA).
What are the provisions of the Indian Divorce Act 1869?
The Indian Divorce Act, 1869 contains provisions concerning the custody of children. The provision of the custody of children provides under section 41 of the said Act with the order of separation in a suit.