Divorce by Mutual Consent in India

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.

Child custody in Mutual Consent Divorce

If there are children involved, spouse should decide amongst themselves who is going to be have the physical custody of the children, duration of visitation rights and interim custody during summer and winter vacations and other holidays. Both parents are equally competent to take the custody of the children. It’s the understanding and agreement between parties which prevails subject to the welfare of the minor child(ren). Parties can have understanding of joint custody or shared parenting in mutual consent divorce process.

Maintenance of Wife, Children and Parents Law in India

As per Section 125 of Code Of Criminal Procedure if any person 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.