Can I Hire Delhi High Court Lawyer For Child Custody?
When a couple decides to obtain a divorce, the issue of child custody arises, and it is decided whether the mother or the father will be granted that legal privilege. Cases and circumstances involving child custody might arise through parental death, divorce, annulment, separation, or adoption. The children) should be given a permanent home with either parent following the divorce of the parents. When the youngster is younger than 18 years old, this is the situation. The needs of the parents are given less consideration than the advantages of the children. In order to prove that the circumstances are in your favor to be able to retain the custody of the child, a child custody lawyer in Delhi can provide you with the legal assistance.
The parent's financial, mental, and social health will be examined to determine who is more qualified to raise a child. When a child is younger than five years old, the mother automatically gets custody. If someone can persuade the court that the mother is unfit to parent a kid, then there is an exception to this rule. Over a nine-year-old children will have the choice of deciding which parent they wish to live with. However, depending on the circumstances, both parents will ultimately have an equal opportunity to raise the child.
Child Custody in India:
There are several provisions for child custody in Indian law. Along with the Guardians and Wards Act, 1890, several legislation pertaining to the personal laws of the country have been passed. However, the primary goal of the custody act is to consider a child's welfare and requirements; as a result, personal laws may occasionally be disregarded if judged essential. The primary legal framework for disputes involving a child's or child custody is the Guardians and Wards Act of 1890. All situations involving parental child custody will be handled in accordance with this Act. Regardless of the parents' faith, this Act establishes general laws and restrictions. A family lawyer in Delhi can be hired to deal with family matters under various personal laws.
Factors Considered for Welfare of Child:
- Keeping the child safe
- Child's ethical upbringing
- Imparting quality education
- Financial stability of the guardian
Hindu Law:
Only if both parents are Hindus do the Hindu Laws apply.
The three distinct legislation that specifies the reforms and rules for obtaining custody rights under Hindu law are as follows:
- According to Section 26 of the Hindu Marriage Act of 1955, the court has 60 days from the date it served notice to resolve any pending decisions, judgments, revisions, etc. regarding the child's maintenance.
- According to the Hindu Minority and Guardianship Act of 1956, stepparents are not granted the ability to seek custody of their minor kid only if the youngster is a Hindu. Only biological Hindu parents are permitted to do so.
- According to Section 38 of the Special Marriage Act of 1954, even if both parents follow different religions or got married in a court, the child's custody is still legitimate.
Muslim Law:
- According to Shia law, a mother is entitled to custody of her minor children up until the age of two for a son and seven for a daughter.
- Hanafi law states that a mother has custody of a kid until either the child reaches puberty or the age of seven, depending on the gender of the child.
- Even after a divorce, the mother retains her right to custody; however, if she gets remarried, the father gets custody.
- If the youngster is assumed to be able to understand his interests, his assent is taken into account.
- In order to confirm that there is no tutoring component present, such consent must also be cross-checked. If there is, a child's assent must be disregarded.
- The father, who is regarded as the natural guardian in Hinduism, receives custody of a male over the age of seven and a girl who has reached puberty.
Christian Law:
- Christian law does not include any provisions regarding child custody, although Section 41 of the Indian Divorce Act, 1869 deals with the matter.
- Section 41 of the Divorce Act of 1869 established reforms and laws. Additionally, after a separation or divorce decision has been rendered, Sections 42 and 43 of the same Act retain the authority to determine the child's custody.
- The Special Marriages Act, however, gives the spouses the option of electing to be protected.
- In situations when the parents follow different religions or engaged in court marriage, Section 38 of the Special Marriages Act, 1954 recognises the child custody and outlines the court's authority to grant judicial custody.
The needs and preferences of the parents are no longer as important to the courts as the well-being of the child. Considering how crucial it is to ensure that a child's basic requirements are met. Delhi high court lawyers can be hired for child custody case and provide you with the right guidance.
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