The divorce laws in India are quite basic, which makes it quite simple for most people to fully comprehend the extent of these the Indian legal system.
Child custody is undoubtedly one of the major components that tends to complicate most divorce cases in India.
Since there a number of different communities with varied religious and social beliefs living in India, there are different laws for most communities.
The laws that deal with the custody of children in India is different for Hindus, Muslims and Parsees.
According to the Hindu Minority and Guardianship Act 1956 and the Guardians and Wards Act 1890 the natural guardian of a child is the father, but the custodial responsibilities should ideally be awarded to the mother.
Since Indian tradition and society views the relationship between mother and child to be deeper and more substantial, custody is generally awarded to the mother.
Under the Muslim laws for divorce in India, the foremost right for custody rests with the mother. This right is referred to as the "right of hizanat".
In case a Muslim mother is disqualified, it is only then that the father is given custody of the child(ren).
However, the rights awarded to Muslim mothers are time-bound. Once a child has come of age, the father can contest, and even win, custodial rights and legal guardianship.
Laws pertaining to child custody among Parsees is mentioned in the Parsi Marriage and Divorce Act, 1936 under section 49.
While opting for a divorce in India parents should pay special attention to the needs of their child(ren).
The separation of parents can be an especially trying time for most children, which is why it is essential for parents to ensure their welfare during and after the often long-drawn divorce procedure in Indian courts.
Child custody is undoubtedly one of the major components that tends to complicate most divorce cases in India.
Since there a number of different communities with varied religious and social beliefs living in India, there are different laws for most communities.
The laws that deal with the custody of children in India is different for Hindus, Muslims and Parsees.
- Hindu Law
According to the Hindu Minority and Guardianship Act 1956 and the Guardians and Wards Act 1890 the natural guardian of a child is the father, but the custodial responsibilities should ideally be awarded to the mother.
Since Indian tradition and society views the relationship between mother and child to be deeper and more substantial, custody is generally awarded to the mother.
- Muslim law
Under the Muslim laws for divorce in India, the foremost right for custody rests with the mother. This right is referred to as the "right of hizanat".
In case a Muslim mother is disqualified, it is only then that the father is given custody of the child(ren).
However, the rights awarded to Muslim mothers are time-bound. Once a child has come of age, the father can contest, and even win, custodial rights and legal guardianship.
- Parsee Law
Laws pertaining to child custody among Parsees is mentioned in the Parsi Marriage and Divorce Act, 1936 under section 49.
While opting for a divorce in India parents should pay special attention to the needs of their child(ren).
The separation of parents can be an especially trying time for most children, which is why it is essential for parents to ensure their welfare during and after the often long-drawn divorce procedure in Indian courts.
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