ET Wealth Knowledge Ep 127: Who will get the kid’s custody in a divorce?

Hello everyone and welcome to episode 127 of the ET Wealth Wisdom Podcast
I am Tania Jaleel
In this week’s edition of ET Wealth, Riju Mehta wrote about who gets custody of the child in the event of a divorce. In the case of a minor child, both parents have the same right to the child after the divorce. Mehta writes that without mutual consent, the family courts decide who can keep the child and make important life decisions for them. How does the court make this decision and who, if any, has preference in keeping the child? Factors considered by the court The family court rules on child custody under the Guardians and Wards Act 1890, but these children are often contrary to personal law. Mehta writes that the court always puts the best interests of the child over the best interests of the parents in order to maintain the balance. This implies that the child should be with the parents, who can guarantee a safe and ethical upbringing, offer a good education and protect his or her financial interests. Hindu laws regarding guardianship are covered by the Hindu Minority and Guardianship Act 1956, which is similar to the Guardians and Wards Act 1890. Here, custody of a child under the age of five is typically transferred to the mother, while a child over the age of nine can be heard by the court on their preference for the parent with whom they would like to live. In the case of older boys, fathers are usually appointed as guardians and in the case of older girls, mothers are elected as guardians by the court, although this is not required by law. Types of child custody According to the law, there are different types of parent custody, which can include: a) Physical custody: This means that one parent acts as the primary guardian and the child stays with him while the other parent is granted visiting rights and can meet and spend time with the child. b) Joint custody: Here both parents take turns taking custody of the child. This means that the child stays with each parent for a certain period of time. c) Custody: This means that one or both parents are allowed to take care of the child until the age of 18. If one parent is unable to care for the child, sole custody is transferred to the other parent.

a) Third-party custody: If both parents have died or if they are unsuitable or abusive to care for the child, the court transfers custody of the child to a third party, such as the grandparents or a relative, who is responsible for the child. 3. Custody under Muslim law According to Hizanat under Muslim personal law, custody of the child rests solely with the mother until the child is seven years old, unless she is considered unfit or incapable of raising the child . 4. Custody under Christian law Due to the lack of child custody under Christian law, these are governed by Section 41 of the Indian Divorce Act 1869. This states that the court has the right to rule on the child’s guardianship by keeping custody of the child’s best interests at heart. The court can even refuse guardianship to a parent if it does not consider them suitable to care for and raise the child. And with that in mind, that will be all for this week. Come back next week for more Wealth Wisdom

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