Asked in Child Custody
As per current legal position, Up to 5 yrs mother got right.. After 5, if contested by father, If Girl child, court mostly decides in favour of mother.. If boys, depends on various factors i.e. Economy, (Re)Marital status, Adultery allegation, habits, Wish of the kid, Grand patents care etc.. custody will be decided..
The custody of a Hindu child is governed by the Guardian and Wards Act, 1890 read with the Hindu Minority and Guardianship Act, 1956. Jains, Buddhists and the Sikhs are also included under the definition of a Hindu. As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child. The custody of a boy or an unmarried girl below the age of 18 years and above the age of 5 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death the custody shall be given to the mother.
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