Child Custody: How-to Guide on Conditions, Procedure and Laws in India
Child custody is often the most fought, most important issue related to matrimony and divorces proceedings. It makes it even more complex because none of the spouses wants to leave the child with the other, considering themselves to be superior to the other in terms of child welfare. Main power in such cases lies in Guardian and Wards Act 1890. Three types of custody are granted by this act:
- Permanent Custody: Main idea is welfare of the child which favours one spouse over the other.
- Interim Custody: It is allotted to make sure the progress of child is maintained, while the case is pending before the court.
- Visitation Custody: This is granted after either interim or permanent custody has been allotted.
Rights in Child Custody
In the past, many courts favored mothers when awarding child custody. However, as gender roles have changed and more women work outside of the home, these assumptions no longer apply. Today, most custody laws are gender neutral (and do not favor mothers over fathers). Instead, courts consider the child’s best interests when awarding custody.
Maintenance of Wife, Children and Parents Law in India
As per Section 125 of Code Of Criminal Procedure if any peson fails to pay maintenance to his wife, children and parents he will be punishable under this section.
We can help you file a custody case by filing the draft in the most professional manner and presenting the correct arguments while you prepare to give your child a life the child deserves.