IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

pradeep g   28 February 2023

Child custody during diverce process

Hi all

My wife has decided to give diverce to me. I tried to convince.it did not work out.We got married on 2014. We have a son born in 2015. He is 7 years 11 months as of now. Current child custody is with me. Please guide once diverce process start who will get child custody based on majority of the cases


 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     28 February 2023

It is mother...........................

Dr J C Vashista (Advocate)     01 March 2023

Supreme Court has held as:

45. In Surinder Kaur Sandhu (Smt.) v. Harbax Singh Sandhu, (1984) 3 SCC 698, this Court held that Section 6 of the Hindu Minority and Guardianship Act, 1956 constitutes father as a natural guardian of a minor son.

But that provision cannot supersede the paramount consideration as to what is conducive to the welfare of the minor. [See also Elizabeth Dinshaw (Mrs.) v. Arvand M. Dinshaw, (1987) 1 SCC 42; Chandrakala Menon (Mrs.) v. Vipin Menon (Capt), (1993) 2 SCC 6].

Shashi Dhara   01 March 2023

The court will decide if both claims for custody of child so ,butter your son that he like you for buttering and in court he may tell I live with dad ,I love you dad ----.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query