Money & relationships: Who gets the child’s custody in a divorce?
Due to the absence of child custody rights under the Christian law, these are governed by Section 41 of the Indian Divorce Act 1869.
Synopsis
The family court takes a decision on child custody as per the Guardians and Wards Act 1890, but these can often be in conflict with the personal laws. Find out about the types of child custody in India and the likelihood of a parent getting the custody in case of separation.
One of the ugliest fallouts of a divorce is the trauma that the children are forced to go through. Child custody often proves to be a major bone of contention between the sparring couple. In case of a minor child, both the parents have an equal right over the child after divorce. If there is no mutual consent, the family courts decide who gets to keep the child and take major life decisions for him or her. How does the court take this decision
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