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  Published Paper Details:

  Paper Title

Child Custody and its Relevence under Hindu Law in India

  Authors

  Aditi Rathore

  Keywords

child custody, parent, Divorce, case laws, child care

  Abstract


In India, custody of a child is determined by the Hindu Minority and Guardianship Act, 1956. Under this law, the mother is considered the natural guardian of a child until five. After that, the father can be appointed as guardian if he is deemed fit by the court. In cases where the parents are divorced or separated, the court will consider the child's welfare as the paramount concern in determining custody. The law recognizes two types of custody: physical and legal custody. Physical custody refers to the right to have the child physically present with the custodian. Legal custody refers to the right to make decisions regarding the child's upbringing and welfare, including education, healthcare, and religion. In cases where the parents cannot agree on custody, the court may appoint a guardian ad litem. This is a neutral third party, to investigate the matter and recommend to the court. The court will then make a final determination based on the most beneficial interests of the child. In recent years, there has been a growing trend towards joint custody, where both parents share physical custody of the child. This arrangement can benefit the child as it allows them to maintain a relationship with both parents. It also ensures that both parents have a say in significant decisions regarding the child's welfare. However, joint custody may not always be feasible or in the right interests of the child. In cases where one parent is abusive or neglectful, the court may award sole custody to the other parent. Additionally, if the child has special needs or requires a stable home environment, sole custody may be necessary. Overall, custody of a child in India is determined by the best interests of the child. The court will take into account a variety of factors, including the child's age, health, and emotional well-being, as well as the ability of the parents to provide for the child's needs. Due to the rapid influence of foreign countries over Indian parents, Indian society is drastically changing. Divorce, separation, or custody of children are not supported in Indian mythology. But with the rapid advancement of technology, society wants to adapt to the modern times and that results in family separation, mental trauma and depression among the young children. As a result of custody, I will discuss the impact of custody on the children in this journal. It is very important to understand which provisions support custody clauses and what case laws will depict the major role played by the child during custody.

  IJCRT's Publication Details

  Unique Identification Number - IJCRT2305266

  Paper ID - 236203

  Page Number(s) - c67-c77

  Pubished in - Volume 11 | Issue 5 | May 2023

  DOI (Digital Object Identifier) -   

  Publisher Name - IJCRT | www.ijcrt.org | ISSN : 2320-2882

  E-ISSN Number - 2320-2882

  Cite this article

  Aditi Rathore,   "Child Custody and its Relevence under Hindu Law in India", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.11, Issue 5, pp.c67-c77, May 2023, Available at :http://www.ijcrt.org/papers/IJCRT2305266.pdf

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ISSN: 2320-2882
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ISSN: 2320-2882
Impact Factor: 7.97 and ISSN APPROVED
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