The thinking has shifted from custody and access as a “parent`s right” to “a child`s right.” The principle on which custody is decided is the “welfare of the child.” This is why the parent who can better manage the child`s emotional, educational, social and medical needs is given priority. Another child from Ghaziabad said: “My mother couldn`t take care of me because she was busy complaining about my father and finding faults on him. She forgot that she also has me in her life. This child decided to stay with his father. Indian law places the utmost importance on the best interests of the child, so that not every parent has a clear priority to which custody of the child is granted. The Hon`ble Supreme Court and other courts in India have consistently reaffirmed that, in the custody of a minor, the welfare of the minor is the sole consideration, regardless of the rights of the parties to the conservatory custody. Under the Hindu Minority and Guardianship Act of 1956, a Hindu child under the age of 5 is kept in the care of the mother, because until that age, he is only the mother who can provide appropriate emotional, moral and physical support to the child. First, a competent court in India orders custody of a child in three forms: In many cases, even if the person is not the child`s biological father, the courts may continue to grant custody if their name appears on the birth certificate. They may also impose various obligations on them, such as .B the obligation to pay child benefit if this is the case in the future. Today, courts often take the help of experts such as consultants, psychologists or other experts who deal with child care issues. There are no mandatory child care laws in Christian laws, but the issues are classified under Section 41 of the Indian Divorce Act,1869. Recently, the Supreme Court suspended an order from the Gujarat High Court asking a mother to take her eight-year-old son to Britain because a court order had been taken in the custody fight launched by her insane husband. Divorce and child custody struggles can become a quagmire and the innocent child is involved in the legal and psychological struggle between the two parents.
The Guardians and Wards Act, 1890 is the universal law that refers to custody and guardianship issues in India, regardless of the religion of the child. However, according to secular principles, India also sanctioned laws relating to different religions. Some general principles of custody of a Muslim child are: custody cases are emotionally distressing for the parties, the lawyers involved and the judge or judges. (3) If the child is 13 years of age or older and expresses a desire to remain with his father, the Court recognizes the father. While the custody case of a child who was abducted by a parent from another country to India in violation of court orders where the parties had established their matrimonial home, the Supreme Court of Hon`ble decided that a child can take refuge under the parens patriae jurisdiction of the courts in India. In addition, the Apex Court stated that India is not yet a party to the 1980 Hague Convention on the “civil aspects of international child abduction” and Indian courts must prioritize the issue of child welfare.