Track Your Request
Track Your Request
+91-7604047602 Our Team About Us Legal Blog Free Legal Advice Login
Menu
Vidhikarya Text Logo
arrow_back
Consult and get Expert Advice on Child Custody Laws matters from the Child Custody Lawyers in India.
{{ item.meta_value }}, {{ item.meta_key }}

Consult Child Custody Lawyers in India

Anish  Palkar

Anish Palkar

Exp
Mumbai suburban , Maharashtra

Specialization

  • Child Custody
  • Banking
  • Divorce
  • Documentation
  • Bankruptcy and Debt
Total Answers Given : 939
Meenakshi  Periyahkaruppan

Meenakshi Periyahkaruppan

Exp
Chennai , Tamil Nadu

Specialization

  • Child Custody
  • Civil
  • Family
  • Divorce
  • Property
Total Answers Given : 338
Prithvi  Raj Sikka

Prithvi Raj Sikka

Exp
Delhi , Delhi

Specialization

  • Child Custody
  • Commercial
  • Contracts and Agreements
  • Intellectual Property, Copyright, Patent, Trademar
  • Arbitration and Mediation
Total Answers Given : 19
Arvind  Tripathi

Arvind Tripathi

Exp
Allahabad , Uttar Pradesh

Specialization

  • Child Custody
  • Civil
  • Criminal
  • Domestic Violence
  • Military Laws
Total Answers Given : 2
Karunasish  Chakraborty

Karunasish Chakraborty

Exp
Kolkata , West Bengal

Specialization

  • Child Custody
  • Consumer Protection
  • Divorce
  • Civil
  • Contracts and Agreements
Anik

Anik

Exp
Bangalore , Karnataka

Specialization

  • Child Custody
  • Cyber, Internet, Information Technology
  • Anticipatory Bail
  • Consumer Protection
  • Mutual Consent Divorce
Total Answers Given : 22488
Prabhakara S K Shetty

Prabhakara S K Shetty

Exp
Bangalore , Karnataka

Specialization

  • Child Custody
  • Family
  • Property
  • Will
  • Domestic Violence
Total Answers Given : 668
Munish  Goyal

Munish Goyal

Exp
Ludhiana , Punjab

Specialization

  • Child Custody
  • Civil
  • Cheque Bounce
  • Criminal
  • Divorce
Total Answers Given : 87
Jaswant Singh Katariya

Jaswant Singh Katariya

Exp
Gurgaon , Haryana

Specialization

  • Child Custody
  • Civil
  • Divorce
  • Adoption
  • Consumer Protection
Total Answers Given : 15
Abhradip  Jha

Abhradip Jha

Exp
Kolkata , West Bengal

Specialization

  • Child Custody
  • Criminal
  • Contracts and Agreements
  • Family
  • Divorce
Not Sure Whom to Consult ?
Post Your Matter to explore various options.
Need Legal Advice
Post Your Matter
Connect with Expert Lawyers to Resolve
Your Legal Matter
  • What is child custody?
  • What are the applicable laws on child custody?
  • What is the difference between child custody and guardianship?
  • What are the visitation rights?

Child Custody is used to refer to the legal guardianship of a minor child. Post the divorce proceedings, annulment of marriage, and so on the custody of a child becomes a ground for Court to adjudicate upon.

What Child Custody is and how it differs from Guardianship?


Custody refers to the right of a ‘parent’ of taking decisions for their child. Guardianship refers to a situation wherein a person is given legal authority over certain spheres of another person’s life.

Guardianship and child custody are not that extremely different from each other. Guardianship can be connected to a parent-child case as well as to something else. Even the adults and senescents are fit for having their own particular legal guardian as long as they are accurately unequipped for representing themselves as per the lawful expectations. While in custody or lawful child custody, it's for a parent-child or adult-minor sort of case. Since minors can't settle on right choices all alone, custody over them is generally given to the mother or father if there should be an occurrence of parent separation.

In essence, Guardianship is not an exclusive right of the parents and can be granted for any person (even adults) who seem to be incapable in the process of carrying out their life themselves as per the expectations of the law, whereas, Custody refers to a more parent-child/adult-minor basis. Also Guardianship has a limited scope w.r.t decision making provisions, whereas, Custody has superior authority.

What are the applicable laws to this topic?


Indian Divorce Act, 1869 – Sections 41 to 44

Guardianship and Wards Act, 1890

Hindu Minority and Guardianship Act, 1956

Hindi Marriage Act, 1956 – Section 26 of the Hindu Marriage Act authorizes courts to pass interim orders in any proceeding under the Act w.r.t custody, maintenance and education of minor children in consonance with their wishes.

The Special Marriage Act, 1954 – Section 38

The Parsi Marriage and Divorce Act – Section 49

Basic Legal Standing on issue of Custody Laws:


Hindu Minority and Guardianship Act, 1956 contains a provision which lays down that custody of a child upon the age of 5 years should ordinarily be with the mother.

As per Muslim policies, the custody of a child is given to the mother, this right is referred to as the right of ‘Hizanat’, but it is not of an absolute nature, it is made keeping the interests of the child as a priority. Father can enjoy the custody if the provisions of law find mother to not be suitable for the child’s custody.

Son’s custody is with mother till- as per Hanafis till age of 7 years, as per Shias till he is weaned, as per Malikis till the son attains puberty

Daughter’s custody is with mother - as per Hanafis till the age of puberty, as per Shaafis & Hanabalis till age of marriage, as per Itna Ashari Law till age of 7

Christians are subjected to the secular Indian Divorce Act, 1869 for questions related to the ‘Child Custody’.

Parsi’s are subjected to Section 49 of the Parsi Marriage and Divorce Act, 1936 for issues pertaining to Child Custody which speaks about the Court’s power to pass orders w.r.t the custody, maintenance, education, etc. of minors.

Some interesting facts and judgements w.r.t Guardianship and Custody:


The term ‘custody’ is not defined in any Indian family law.

18 is considered as the age of ‘majority’ however, where, a guardian has been appointed by the Court for a minor or for his property, then, he is considered to be a major on completion of 21 years of age.

Shilpa Agarwal v. Aviral Mittal : Dominant criteria for appointing the guardian of the child is the principle of welfare of the child, best interest of the child.

Request a Callback


In case you want us to call you back to understand your legal problem then please submit your details with a brief description of the legal issue that you have. We will call you back.

Name must be provided !

Email must be provided !

Invalid Phone Number !

Details must be provided !

Want a Quick Legal Advice From Expert Lawyer
Call us at this number
7604047601
Legal Advice Anytime Anywhere

The most trusted and relied upon partner for finding lawyers for any kind of legal services.

Not Sure Whom to Consult ?
Post Your Matter to explore various options.
Need a Lawyer for Your Case ?
Post Your Matter
Get the Lawyer
for your Case

Read Blogs to get more Insights

Our Offices