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CHILD CUSTODY LAW IN INDIA

‘Your child is not your property’ – Khalil Gibran
In custody cases, the child is the property of neither the mother nor the father, the Supreme Court has said in a recent case. Deciding the custody of two children of parents, one of them a non-resident Indian, a Bench of Justices Markandey Katju and C.K. Prasad said: “Cases of child custody are not decided on such considerations [whether the child is the property of the father or the mother], but on the consideration of what is in the paramount interest of the welfare of the child.”

The appellant, Paramjit Singh, is the father of Sahir and Ameya, aged 9 and 7. It was alleged that earlier the whole family was living in America, but about five years ago the mother, Ekta Gyani, brought the children to India; for the past five years, they have been residing with their mother in Chandigarh. Paramjit’s plea for custody of the children was rejected by the Punjab and Haryana High Court. Rejecting his appeal, the Bench said: “We are of the opinion that it will not be in the interest of the welfare of the children to give their custody to their father. It is evident that since the age of 4 and 2 the children have been living with their mother in India. Hence, obviously they must have developed an emotional attachment to their mother. In such circumstances, it will be a terrible psychological trauma if they are torn away from their mother and handed over to their father.”

But the petitioner was entitled to visitation rights, the Bench said. It issued notice to the mother to decide on this question and posted the matter for further hearing on August 19.

It is notable that in a similar case in the Bombay High Court, the judges warned the parents against making their children pawns in their games and told the parents not to bring the children to the court during custody hearings.

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3 thoughts on “CHILD CUSTODY LAW IN INDIA”

  1. There is a marital discord between me and my wife. She is living at her father house for past 1 year. We have a 6 year old son, who is staying with me and i take care of all his education and welfare along with my parents.
    Now, His academic results are excellent. Now, i learnt that my wife is re-locating to US and she wants to take my son along. She has my son passport and VISA and is not ready to return it.
    I will not travel to US and is not willing to let my son go with her.

    Can i get a full custody of my son in case of divorce? What rights i have and how can i get his passport back.

  2. I have two years old girl child, my wife is staying with my father in law house. she is not willing to come and even send her to my home. what shall I do to get my child.

  3. I, Mrs. Vibha Vijay Rane, age 62, left my Bank Job in 2004, at my age 54, for just to support my daughter to work and
    it is my duty to take care of my grand son Rohan, who is born in Texas, US. I thought after some days, months and years my daughter will think about her child and will go back to his Dad. She does not have any right to break their relation., because her husband is a ideal father and a well educated person. He has no habbits of drinking, he is very good in his charactor, there was one problem in his behavior that he was very suspicious. He always thinking of her going out for any celebration or birth-day parties or week end parties to neighbours. This is very commen complaints of many beautiful wives of very brilliant husbands. This is not a reason to take divorce from him. Twice he sent her with child to India buying tickets on his own money. Now my daughter does not want to stay with her parents and she is working and earning good salary, she baught a new house, kept a girl to take care of her son. and not allowing us to visit her house. She is trying to keep her son away from us, why that we do not know. But if girls are doing such game in their marriages, then they should not get divorce and allow father to visit his son. If they do not want to save therir marriage they can not make a child unhappy and alone till they grow. This will spoil their education, coureer, life style and ofcourse their future.

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