Child Custody Issue 

Law, in respect of custody of a child in India is clearly defined that the custody of a child below the age of 5 years will lie with mother; however, after that, the emphasis is given on child’s interest and with whom he/she will be better served.

Further, under the Section 26 of Hindu Marriage Act, 1955, a court may pass interim orders in respect of the maintenance and education of minor children during the pendency of the divorce proceedings.

·      Further, under the Section 25 of the Guardians and Wards Act, 1890, if a child is taken away from the custody of the guardian, the court, after considering the welfare of the child on the facts and circumstances of a particular case may pass an order to return to the custody of his/her guardian, and for the purpose of enforcing the order, court may order the ward to be arrested and to be delivered into the custody of the guardian.

·      In addition to this, according to the Guardians and Wards Act, 1890, the court shall consider the peculiar circumstances of the each case and form an option as to what will be the better for the welfare of the minor. If the minor is old enough to form an intelligent preference, the court may consider that preference.

However, such kind of court procedure is lengthy and time taking; therefore, it can hamper child’s career.

So, if you believe that you are trapped in such kind of situation, Call Us or Write Us.