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The children of a marriage that has ended in divorce or separation usually suffer the biggest emotional fallout. For this reason, the Indian legal system, although acknowledging parents' rights to custody, places primary emphasis on the child's best interests when making custody determinations. However, the laws governing child custody in India are being updated, and recently they have all standardized on the principle of considering what is in the kid's best interest.


Who Gets to Have Legal Custody of a Minor After a Divorce?


Custody of a child should be decided by mutual agreement between both parents under the guidance of a law firm in Delhi. However, the subject of child custody is ultimately one that the court must resolve.


Furthermore, the statutes contradict one another when it relates to personal laws. This contrasts secular legislation in the form of The Guardian and Ward Act 1890, which prioritize the child's well-being. As a result, the court of competent jurisdiction strives to find a balance between them.


And just because one parent is awarded custody doesn't mean the other loses all rights to visit or communicate with the kid. The Indian legal system ensures that the kid is loved and cared for by both parents. The court orders visitation between the child and the other parent, with the terms to be set by the court.


Different types of child custody arrangements in India


There are three primary ways in which a court in India decides who will have custody of a child:


·      Physical Custody


When one parent is granted physical custody of a child, the other parent will have limited access to the child and will be able to spend time with their child regularly. The purpose of such custody under a law firm in Delhi is to provide the kid with a better existence in a setting that is both safe and satisfying, and it also ensures that the child will not be restricted from the love of the other parent during the years in which they are developing effectively.


·      Joint Custody


Even while Indian courts consider joint custody to be in the child's best interest, it does not mean that both parents must live together for the child's sake. When both parents have legal rights to custody of a child, they will take turns raising their kid. The time during which each parent has custody of the kid may range from a few days to a week or even a month. The law firm in Delhi ensures that the kid benefits from this arrangement because, on one hand, they get undivided parental attention, and, on the other, they provide both parents an opportunity to participate in their child's development.


·      Legal Custody


A child's legal custody does not always mean that child will live with their parents or that the parent will live with the child. Instead, it implies that the parents are awarded legal custody of the kid, which allows them to make all decisions about the child's upbringing, including those on their education, medical care, and other aspects of care. So, for example, when a divorce is complicated, and the parents can't agree on who should have custody, the law firm in Delhi ensures that the court may award exclusive legal custody to one parent.


Hindu Law Regarding Custody


The following Hindu laws regarding custody include the norms and restrictions imposed for requesting custody of a kid.


·      Section 26 of the Hindu Marriage Act 1955


There are provisions for the child's upkeep, care, and education, and exclusive custody is recognized if both parents are Hindu. Under this act, the court has the authority to issue orders, judgments, amendments, and the upkeep of a child at any moment and must decide about a pending decree within sixty days of the date of serving of notice.


·      Section 38 of the Special Marriage Act 1954


In cases when the parents are of different faiths or have chosen a court marriage, this law will ensure that the kid will remain with one of them. The court must resolve the pending judgment within 60 days of the date of serving of notice. Still, it may issue decisions, judgments, revisions, etc., regarding child support at any time under this legislation.


·      Hindu Minority and Guardianship Act 1956


Only the kid's biological parents are permitted to file for custody of their minor child under the terms of this statute, provided that the youngster practices Hinduism.




Equal treatment of the mother and the father in matters of child custody is gaining momentum, owing to both the guidelines of the Law Commission and the new petitions that have been submitted. These rights are acquiring more and more significance in the modern period, and courts have adopted a trend toward treating mothers and fathers on an equal footing. As a result, Bhasin Associates is the law firm in Delhi to go to if you ever require clarification on the legal factors of child custody in India.

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