+91 88262 30101Child Custody
In India, pertaining to child custody post-divorce, the Guardian and Wards Act 1890 is significant. The following are religion-based laws on child custody :
- Hindu Law on Custody: Provisions are available under the Hindu Marriage Act 1955 (section 26), the Special Marriage Act 1954 (section 38), and the Hindu Minority and Guardianship Act 1956.
- Muslim Law on Custody: It bestows the right to claim custody of her child(ren) exclusively to the mother, under the Right of Hizanat.
- Christian Law on Custody: Child custody is permissible under the Divorce Act 1869 (section 41), principally once the separation decree has been granted.
- Parsi Law on Custody: The Guardian and Wards Act 1890 governs child custody, with paramount emphasis on the child's welfare.
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