Q: Construe the custody of child under Hindu Law ?

Ans: According to the provisions of both secular law and Hindu law, a mother is often granted custody of a child under the age of five. In cases involving older boys, fathers are typically granted custody, whereas the custody of older girls are generally given to mothers. If the child is older than nine years , the opinion of child is also taken into account when deciding the the person to whom the child's custodial rights should be given. Mothers who have been abusive in the past are not granted custody after divorce because the child's welfare is the major consideration.

Comments

Post a Comment

Popular posts from this blog

Q: Delineate the citation of Mausami Moitra Ganguly v. Jayant Ganguly ?

Ans:  Case study - Petition for child-custody under the Guardians & Wards Act, 1890 read with the Hindu Minority and Guardianship Act, 1956 In Mausami Moitra Ganguly v. Jayant Ganguly, after Mausami Ganguly's petition seeking divorce was allowed ex parte in September 2002, she filed a petition under sections 10 and 25 of the Guardians and Wards Act, 1890 read with the provisions of the Hindu Minority and Guardianship Act, 1956 before the Family Court, Allahabad in April 2003 seeking a direction against her husband, Jayant Ganguly, to hand over the custody of the child to her and for a declaration in her favour that she be declared as the lawful guardian of her minor son, Satyajeet. Her petition was contested by her husband (the minor's father), Jayant Ganguly. He alleged that having left the minor when he was less than three years of age, Mausami had no emotional bond with the child, and after leaving Allahabad, she had neither talked to the minor nor had enquired about his...
Read more