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Author Topic: Laws pertaining to Child Custody Under Hindu Law  (Read 1157 times)

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Offline advkartik

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Laws pertaining to Child Custody Under Hindu Law
« on: July 04, 2013, 09:49:53 PM »
Hindu Minority and Guardianship Act 1956 (HMGA), Guardians and Wards Act 1890 (GWA).

The provisions of the HMGA (and other personal laws) and the GWA are complementary and not in derogation to each other, and the courts are obliged to read them together in a harmonious way. In determining the question of custody and guardianship, the paramount consideration is the welfare of the minor.

 The word `welfare' has to be taken in its widest sense, and must include the child's, moral as well as physical well-being, and also have regard to the ties of affection.
(i) the children of tender years should be committed to the custody of the mother,
(ii) older boys should be in the custody of the father, and
(iii) older girls in the custody of the mother.

But these are judicial statements of general nature and there is no hard. and fast rule. As to the children of tender years it is now a firmly established practice that mother. should have their custody since father cannot provide that maternal affection which are essential for their proper growth. It is also now ac for proper psychological development of children of tender years ma is indispensable.

 

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