Here is a basic summary of the different child custody laws in India, as categorized by religious beliefs, by the Indian penal code:
Hindu law The Hindu Minority and Guardianship Act 1956, along with the Guardians and Wards Act 1890, lays down the rules of guardianship in India. It states that while the natural guardian of a minor is the father, the custodial responsibility of infants should be awarded to the mother.
Despite these notes, such cases are generally inclined in the favor of the mother, since Indian society sees the relationship and bond that mother and child share to be more essential, and thereby nurturing.
Muslim law Under the Muslims laws for divorce in India, the foremost right of custody belongs to the mother, and is known as the “right of hizanat“. In case the mother is disqualified, the father can be given custody as dictated by law.
This is however a time-bound right. After the child has come of age, the father can contest, and gain, legal guardianship.
Parsee Law Laws pertaining to the custody of children is provided in the Parsi Marriage and Divorce Act, 1936 under section 49.
Christian law
There are no specific laws laid down for the Indian Christian community, which is why the 1956 Act is applied in this case.
Hindu law The Hindu Minority and Guardianship Act 1956, along with the Guardians and Wards Act 1890, lays down the rules of guardianship in India. It states that while the natural guardian of a minor is the father, the custodial responsibility of infants should be awarded to the mother.
Despite these notes, such cases are generally inclined in the favor of the mother, since Indian society sees the relationship and bond that mother and child share to be more essential, and thereby nurturing.
Muslim law Under the Muslims laws for divorce in India, the foremost right of custody belongs to the mother, and is known as the “right of hizanat“. In case the mother is disqualified, the father can be given custody as dictated by law.
This is however a time-bound right. After the child has come of age, the father can contest, and gain, legal guardianship.
Parsee Law Laws pertaining to the custody of children is provided in the Parsi Marriage and Divorce Act, 1936 under section 49.
Christian law
There are no specific laws laid down for the Indian Christian community, which is why the 1956 Act is applied in this case.
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