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v.raj   16 November 2019

Law for custody of children upon divorce

I would like to know the provisions of law with regard to custody of children in the event of a divorce of a Hindu couple.

Are there any provisions relating to custody by father or mother considering the age of the child?

For example, up to what age can the wife get custody and after what age wife cannot get custody of son?

Is the provision different in case of custody of daughter?

which law/provision?

shall appreciate advice.

thanks



Learning

 4 Replies

Real Soul.... (LEGAL)     17 November 2019

Until the child attains Majority or the guardauiinship is revoked the apointed guradain shall continue. 

Law under the """""THE GUARDIANS AND WARDS ACT, 1890  """" is applicable and for appointment below section;

17. Matters to be considered by the Court in appointing guardian.—(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor. (2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, s*x and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property. (3) If the minor is old enough to form an intelligent preference, the Court may consider that preference. 1 * * * * * (5) The Court shall not appoint or declare any person to be a guardian against his will. 

 

G.L.N. Prasad (Retired employee.)     17 November 2019

In short, the custody depends on case to case and it is the court that has to decide on custody depending on facts in each case.

v.raj   17 November 2019

thanks but was given to understand that the custody of child remains with mother only up to him/her attaining 5 years of age (which was previously 7 years?)

After the age of five the father gets the custody of the boy child.

is this not so?

thanks

v.raj   17 November 2019

by the way, does the law apply to hindu as well as muslim?

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