After a marriage breaks down or ends up in separation of spouses, the person who gets affected the most is the children who is born out of the marriage. Thus, while keeping in mind the right of parent’s to the custody of a child, the Indian Law, holds the child’s welfare as the most crucial factor of consideration while deciding upon who gets the custody of a minor child.
Which Factors Constitute Welfare of A Child
There are three factors which constitutes the welfare of the child:-
Ethical upbringing of the child
Safe-keeping of the child
Good education to be imparted
Economic well-being of the guardian
Who Has A Right On Minor Child After Divorce?
Both the parents have an equal right to the custody of a child. However, who gets the custody of a child is still a question which the court has the power to decide upon. Moreover, when it comes to personal laws the statues are conflicting as compared to secular enactment in the form of The Guardian and Ward Act, 1890 which holds the welfare of the child as the paramount importance and thereby the court of competent jurisdiction endeavor to strikes a balance between the two. And as because the custody of the children is given to one parent that doesn’t implies that the other parent cannot be in contact or see the child. The courts in India makes sure that the child gets attention and affection of both the parents. The court gives the other parent visitation rights of which the conditions are determined by the court.
LAW CLASSES, AIBE
4 окт 2024
