Allow Cookies!
By using our website, you agree to the use of cookies
The issue of child custody is a tedious task for courts in cases of divorce or judicial separation. There are various parameters that have to be taken into consideration like financial security, relationship with child, lifestyle, mental and physical capability to ensure that the child is not denied nurturing and care. It involves a process of caring, controlling and maintenance of a child below 18 years of age. Family courts have to determine which one of the parents will be capable to handle the physical custody of the child. The other parent usually gets only the right to access and meet the child.
As per the Hindu Minority and Guardianship Act, 1956 a child below 5 years is to be kept in the mother’s custody since she is more capable of providing the required support and nurturing that a child needs. As for a boy or unmarried girl above the age of 5 years and below 18 years, the father is usually considered as the natural guardian and only after his demise will the custody be transferred to the mother. But the Indian Judiciary in its various judgements have surpassed such provisions in the best interests of the child.
The custody of a child is very tough for the father to procure even though courts neither the provisions discriminate between the two. Welfare of the child is the prime concern of the courts. Courts do want wish to change the status quo of the physical custody of child. The discriminatory nature of the Judicial System and increasing number marital discords in the country requires a more equivocal approach towards the father’s and mother’s rights. There are many cases where women use children to extort money or brainwash children to instil hatred or fear in the child’s head. In the changing time where men and women are filling each other’s role and fulfilling each other’s responsibility, the courts should not succumb into the paradox of a women’s child. Prejudics should be set aside and equal parenting rights need to be given heed with the rampant increase in the number of divorce or judicial separation cases in India.
86540
103860
630
114
59824