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Custody, guardianship and child maintenance
What this actually is
Indian courts decide custody on the welfare of the child, and that principle overrides almost everything else, including what the parents have agreed between themselves. It helps to understand that early, because it changes what is worth arguing about. Physical custody, legal guardianship and visitation are separate questions and can be decided separately.
What happens, in order
01
A petition is filed at the Family Court under the Guardians and Wards Act 1890 or the Hindu Minority and Guardianship Act 1956, as applicable.
02
The court makes an interim arrangement for custody and visitation while the matter is pending.
03
The court considers the child's welfare and, depending on age, may speak with the child.
04
A final order is made, which can be varied later if circumstances change.
What to bring
The child's birth certificate. School records. Evidence of current living arrangements. Income of both parents. Any existing order.
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Kiran Ashri, Advocate · Chamber at 24/4C, Rail Vihar, Sector 56, Gurugram
The information on this website is true to the best of my knowledge and is furnished by me, Kiran Ashri, Advocate. Nothing on this website is legal advice, and reading it or writing to me does not create a lawyer-client relationship.