child custody

Yes, you may knock the doors of court for custody of your child as you are in better position than your wife for upbringing,welfare and nourshment of your child.

Hello sir!

According to the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered. It was established that the ‘first and paramount consideration’ is the welfare and interest of the child and not the right of the parents. “Custody of the child shall be handed over to the person who fosters him or her with care, love, and affection." So make sure that you are financially stable and have a good bonding with your child. 

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.

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. 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.

A father can get custody of their child in following ways:-

• If the mother is not mentally stable, the father is the next person to get custody of the child.
• If the child is of 13 years or more and expresses his wish to stay with the father, the Court shall grant it to the father.
• In case the mother is of an immoral character, which may affect the child as well, the father gets the custody.
• If the father can prove the financial incapacity of the mother which shall in future affect the upbringing of the child and also prove his financial capability to take good care of the child. 
• If the father can prove that the background of the mother has been in dark and that if the child will stay with the mother it will prove to be fatal to the upbringing of the child or shall affect his mental and physical growth. 
• If the mother is a convict herself, the custody of the child shall thereafter go to the father.