What are the rights of custody of a child in divorce cases?

The most important and complex issue in a divorce case is “child custody”. Both husband and wife use childcare as a means of proving the fault and fault of the other party.

In India, the Guardians and Wards Act 1890 empowers to decide on childcare.

In general, the court has the power to grant:

(a) Permanent Custody

(b) Pre-trial detention

(c) rights of visit

(a) Permanent Custody

The court will grant permanent detention after clarifying all aspects of the case. It is usually the main criterion “Welfare of the child”.

In deciding on the “welfare of the child”, the court takes into account in particular the following factors:

i. Qualification of father and mother.

ii. The family background of both father and mother, which includes their financial and academic qualifications

iii. Children’s wishes

iv. Behavior of the parties

in. Overall development of the child.

(b) Pre-trial detention

The court grants preliminary care during the hearing of the case, taking into account the overall development of the child. When granting preliminary care, the court seeks to maintain a balance between the husband and wife, while remaining careful not to treat the child like a ball between the estranged spouses.

The court also imposes certain conditions on the welfare of the child, such as not leaving the country without informing the court, to protect the interests of another party.

(c) rights of visit

The court grants the right to visit in two stages, at the trial stage and after the dispute has been resolved (in most cases divorce). When one spouse receives permanent care, the other spouse has the right to meet with the child once a week or as instructed by a court. The purpose of the court is to maintain an emotional bond between the child and the parents.


In matrimonial proceedings, the court is to decide on the issue of child custody during the proceedings and after the order has been issued. The court may annul, suspend or amend any such order issued earlier in the event of a change in circumstances. When deciding on custody of a child, the court must take care of the child’s well-being. Although the court takes other factors into account, the well-being of the child is of the utmost importance. In cases where a child is placed in the care of a woman, the courts usually entrust the care to the mother, as the girl needs the mother’s care during puberty. In addition, the well-being of the child is a decisive factor in deciding on custody rights.

Leave a Reply 0

Your email address will not be published. Required fields are marked *