Nitish Banka

    • custody of minor child to father

    custody of minor child to father

    Custody of minor child

    Generally as per law i.e section 6 of Hindu minority and Guardianship act 1956.The custody of minor child is handed over to the mother if the child is below 5 years old.But there are some cases in which custody of minor child was handed over to her father.

    How to have custody of minor child below 5 years if you are a father.

    In Anil Kumar pradhan Vs.Smt madhabi Pradhan

    It was held that though section 6 of Hindu minority and Guardianship act 1956.

    The custody of minor child is handed over to the mother if the child is below 5 years old but in this judgement the court has said that welfare of child is more important.

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    What is welfare of child?

    Welfare of child cannot be measured by money or physical comfort alone,

    tie of affection also cannot be disregarded .moral and ethical welfare is more important in deciding the custody of minor child.

    if father was taking care of the child since birth and child has more affection towards father then even section 6 of Hindu minority and Guardianship act 1956 is not a bar.

    held in kajal vs. Rajesh Rana

    In Nil ratan Kundu Vs. Abhijit Kundu

    The judgement of the child is also a relevant factor though final decision rest in child’s ordinary comfort, health, contentment education and intellectual development.

    V. Ravi Chandran (Dr.) vs. Union of India and others in which a three-Judge Bench had categorically held,

    that under no circumstance(2010)1 SCC 591 (2010) 1 SCC 174 can the principle of welfare of the child

    be eroded and that a child can seek refuge under the parens patriae jurisdiction of the Court.

    The court could go into the merits to determine as to where the permanent welfare lay

    and ignore the order of the Foreign Court or treat the fact of removal of the child from another,

    country as only one of the circumstances and the crucial question as to whether the court (in the country to which the child is removed)

    would exercise the summary or elaborate procedure is to be determined according to the child’s welfare.

    By Adv Nitish Banka