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CHILD CUSTODY IN INDIA

CHILD CUSTODY IN INDIA


Childrens are the worst affected in proceedings of divorce and family breakdowns. Often, parents use children as pawns to strike their own bargains, without considering the emotional, social and mental upheavals that the children may face. The filed cases and factual situations place a duty upon the court to uphold the child’s welfare in each and every case. Courts always ensure that the child’s future is safe and protected, regardless of changing familial circumstances.

 

Courts in India have recognized the welfare principle, but many aspects of the legal and judicial framework remain wanting. Courts tend to grant custody of a child to either one parent or another, presuming that it is for the welfare of the child. Joint custody arrangements, where both parents have custody of the child, are rarely considered.

 

Problems in court decisions are compounded by inconsistencies in the law. The currently enforced law does not treat the mother on an equal footing with the father as the natural guardian of her child. Further, custody matters are most fiercely fought in court, because there is no agreement or understanding about what constitutes the welfare of the child. As a result, it is impossible to ensure that the interests of the child are actually protected. The legal framework also contains no guidelines about the manner and process by which custody issues should be handled.

 

In situations of Divorce, Domestic Violence, 498A cases, Separation, Desertion child becomes a victim of situation and child will be easily get ignored by the parents due to their disputes. After all types of the fights and tricks in the court, Child custody becomes one of the issues of prestige for husband and wife. After dispute Child becomes a toy for the war. Due to the sudden change of peaceful environment at home and in addition to that most of the time child becomes a victim of the frustration of personal dispute of parents, it affects physiological situation child and creates an impact on the mind of the child.

Welfare and interest of the child is prime importance as per every court.

 

THE FOLLOWING ARE THE DIFFRENT TYPES OF CHILD CUSTODY.

Full Custody
After the filing of case for child custody, court keeping in mind all circumstances passes the order giving custody of the Child to one of the party.
Interim Custody
If the cases like Divorce, Domestic violence, 498A are pending, till the case is pending, the court grants temporary custody of the child to the one of the party after considering all circumstances.
Part Custody
In some situations after considering best and suitable measure for welfare of child, Court grants part custody to both the parents like child will reside 6 months with mother and 6 months with father or child will reside with father in summer and winter vacation.
Right of Visit
Even if the custody was given to one party, other party could get right to visit and see the children. In such type of cases, court gives the right to visit on a particular day and for particular time considering all factual position. In case of worst situations court can cancel such orders for some time considering welfare of the child

 

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