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dipankar (MANAGER)     01 February 2023

Permanent child custody is done under which section

I want to get permanent child custody of my 8 year old son. We have not gone through divorce.

Under which section, child custody is lodged.is it under section 25, or section 8.

Please guide.



Learning

 9 Replies

Dr J C Vashista (Advocate)     02 February 2023

Different personal laws apply to minors of different religions, but Guardians and Wards Act, 1890, is applied to minors irrespective of their castes and faiths. Under some personal laws, specific laws are available to deal with the issue of custody. Under Hindu law, custody of minor is dealt with by Hindu Minority and Guardianship Act, 1956 and Hindu Marriage Act, 1955. Under Muslim Personal law, different provisions are available to deal with custody issues.

Under Christian and Parsi law, there is no specific personal law to deal with such matters. It is dealt with by the provisions of Guardians and Wards Act, 1890 and other statutes generally applicable to all religions, including the Indian Divorce Act, 1869.

dipankar (MANAGER)     02 February 2023

I am a Hindu.

Please mention the sections

Shashi Dhara   02 February 2023

As child is 8 years old  the court may ask the child with whom he is ready to live ,if mother leads immoral life ,neglects child  ,marry another one changes religion then you  get custody of child.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 February 2023

If the mother is unable to care for the kid, the child will be given to the father. If the kid is 13 years old or older and shows a desire to live with his father, the court will give it to him. In the event that the mother has a bad reputation, which might harm the kid, the father is given custody.

dipankar (MANAGER)     02 February 2023

I wanted the sections

s.subramanian (senior partner)     03 February 2023

I understand you are a Hindu. As per the judgment in the case of Gita Hariharan Vs Reserve Bank of India rendered by the Supreme Court of India, Hindu father and the Hindu mother are equally entitled to be the natural guardians of the child simaltaneously. No one can claim priority over the other. But some exceptional circumstances can lead to the grant of custody of the child either to the father or the mother exclusively. Such a grant of custody can be ordered by the Court of Wards taking into paramount consideration the welfare of the child. Even though you have not divorced each other legally, the martial bond seems to be under strain between you both. The reason for the strain in your relationship must be strong and substantial enough to seek custody of the minor child from the mother. It is not an easy task. You have to invoke Sec.25 of the Guardian and Wards Act, 1890 for this purpose by making an applicaiton seeking the custody of the minor child from the mother.

Dr J C Vashista (Advocate)     06 February 2023

You have adequately been obliged by exeprts, now it is your call to proceed, if it is a real and not an academic question.

jayanta kalita (advocate)     15 May 2023

I think section 17 guardianship and wards act

Alpa Jogi (Advocate) (Lawyer / Advocate)     18 May 2023

Most of the points are covered by other experts. I will just like to add somethin as you have specifically used the word "permenant". Honourable Supreme Court has many times held that Custody of child is never permanent and if there are changes in the circumstances than custody can be changed.

 

Regards

Alpa Jogi (Advocate)

Child Custody Advocate in Ahmedabad


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