Child custody rights after divorce under Hindu Marriage Act

Child Custody Under Hindu Marriage Act:

Courts follow the "best interest of the child" principle under Section 26 of the Hindu Marriage Act and Guardians and Wards Act, 1890.

Factors Court Considers:

• Age of child: Children below 7 years usually stay with mother (tender years doctrine)
• Child's preference: Children above 9 years' wishes are considered
• Financial stability: Ability to provide education, healthcare, and basic needs
• Emotional bond: Existing relationship and attachment with each parent
• Moral character: Conduct, lifestyle, and character of both parents
• Living arrangements: Suitable home environment and family support

Types of Custody:

• Physical Custody: Where child lives on daily basis
• Legal Custody: Decision-making authority for education, healthcare
• Joint Custody: Shared physical and legal custody
• Sole Custody: One parent has both physical and legal custody

Mother's Rights:

Mothers have strong presumption for custody of young children, especially girls. However, courts now favor joint custody arrangements that maintain child's relationship with both parents.

Visitation Rights:

Non-custodial parent gets visitation rights including weekends, holidays, and vacation time. These rights are legally enforceable.

For expert family court representation in custody matters, consult Metis Law Chamber's experienced family law team.