Custody of Child During Divorce

(for in-depth information on child custody, please click on maintenance tab in our home page)

Custody of child during divorce proceedings is called as interim custody.  Please refer this section Interim custody of child.

Custody of children below five years is assigned to mother children are very sensitive and fragile who require constant care of supervision, guidance, and affection of mother. After a child attains the age of nine, courts will consult with the child to decide on the parents of their choice.  Generally, if the child is more than twelve years old, then opinion of child will be given due consideration.

Upon granting of interim custody, upon terms of order, the other parent will have visitation rights and other right to care and affection.  Please refer this section visitation rights.

Applicable laws for child custody under various laws in India:

The applicable laws are as follows;

1. Section 26 of the Hindu Marriage Act 1955.

2. Section 38 of the Special Marriage Act, 1954.

3. Section 41, 42, 43, and 44 of the Divorce Act, 1869.

4. Section 49 of Parsi Marriage Act 1936.

Also, if you are interested, go through these sections

Divorce Documents Checklist

Interim Maintenance for Wife

Interim Maintenance for Child

Application for maintenance

Application for Child Custody