CUSTODY OF CHILD – RIGHTS OF FATHER AND MOTHER

AUTHOR – POKALA NEHA, STUDENT AT DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

BEST CITATION – POKALA NEHA, CUSTODY OF CHILD – RIGHTS OF FATHER AND MOTHER, ILE WEEKLY REVIEW (ILE WR), 1 (5) OF 2023, PG. 22-26, APIS – 3920 – 0037 | ISBN – 978-81-964391-3-2.

Abstract

Marriage is the sacred union of both male and female, it has a significant place in the society of India. However, it cannot be said that all marriages will last forever. Both husband and wife can approach the court for divorce, or judicial separation on the grounds which were mentioned in the respective Acts. Divorce not only involves separation of husband and wife but also, it separates children from parents. The concept of custody comes after the separation of parents. If the parents are not willing to stay together then it causes more effect on the child, who is below 18 years. Children are sensitive and they are the main victims of divorce of their parents. If the custody of the child is given to one of the parents, then it does not mean the other parent lost all rights over the child. The main objective of the concept of custody is to protect the children. The custodial parent has the responsibility for the “best interest of the child”. This article mainly consists of the concept of custody, its effect on the child, types of custody, rights of the father, and rights of the mother over the custody of the child. Factors that will be taken into consideration while granting custody, can custody be given to a third party other than the parents of the child and the case laws relating to custody of the child in India. It helps us to understand the significant concept of custody and the laws which safeguard the rights of the child. “Guardian and Wards Act, 1890, Hindu Marriage Act, 1955, Hindu Adoption & Maintenance Act, 1956, Special Marriage Act, 1958 Hindu Minority and Guardianship Act, 1956.”

KEYWORDS – Custody, Child, “Guardian and Wards Act, 1890, Hindu Marriage Act, 1955, Hindu Adoption & Maintenance Act, 1956, Special Marriage Act, 1958 Hindu Minority and Guardianship Act, 1956”