Menu
keyboard_backspace
Vidhikarya has a vast network of Lawyers in Delhi. Connecting with Lawyers through Vidhikarya is fast and cost effective. Let us know your requirement and we will get back with the best solution for your legal need.

Get Expert Advice Online
from Top Lawyers
in Delhi

Read Blogs to get more Insights

How police custody is different from judicial cust...

    How police custody is different from judicial custody    ©Two type of custody:-                               1) police custody                               2) judicial custody1) police custody: police custody means that police have a physical custody of the accused while judicial custody means an accused is in the custody of the court .in the former ,the accused is lodged in lock-up of a police station Earlier accused were afraid of police custody as they were subjected to harassment and physical torture but such incident have become fewer after the SC judgements enumerated the rights of accused and brought many police officers to task for custodial torture . resourceful   accused , politicians as well as others, certainly enjoy immunity from third degree “ or, to use  americanese, enhanced interrogation methods ”  After lodging of an FIR for a cognizable offence (which provides for punishment of more than 3 years ) police arrest the accused to prevent him from tampering with evidence or influencing witnesses .within 24 hours of arrest , police produce the accused before a court ( mandatory under law ) and seek his remand to police custody to enable it to complete investigations expeditiously it is for police to decide how long it is warranted to keep the accused in its custody , which expires in 15 days . 2) What is judicial custody ? In serious offences , the court may accede to police request to remand the accused in judicial custody after the expiry of police custody so that evidence or witnesses are not tempered with law mandates filling of charge sheet in criminal cases within 90 days , if the charge sheet is not filed within 90 days the court normally grants bail to the accused . but in heinous crime / offences , like murder and rape . the accused is normally kept in judicial custody (kept in jail under the court’s custody ) for a longer time despite filing of the charge sheet so that the process of trial is not influenced .  The judicial custody may be of 60 days for all other crimes if the court is convinced that sufficient reasons exist, following which the accused or suspect must be released on bail by adv rameshwar y dadhe

Posted By

Rameshwar Dadhe

3 days ago

Go to Blog

FATHER’S CUSTODY RIGHTS IN INDIA

 The issue of ‘Child Custody’ crops up during divorce proceedings or judicial separation; it becomes an important issue to be decided by the courts. It refers to the process of controlling, caring and maintenance of the child less than 18 years of age by the custodial parent (the rights have been granted by court) under set parameters such as financial security, understanding with child, lifestyle, etc. The prime rights of nurturing the child with respect to education, development, medical, emotional, physical, etc. lies with the custodial parent while the non-custodial parent only holds the right to access and meet the child. In innumerable cases, both the parents are provided with access to the child, but the physical custody of the child is usually granted to one parent. The Family Courts while deciding on this need to keep the best interests of the child as of paramount importance.What is the Definition of Legal Custody?In a family law context, “Legal Custody” is a type of Child Custody that grants a parent the right to make important, long-term decisions regarding their child or children. This may include aspects of the child’s upbringing including:EducationMedical and dental careReligious upbringingFinancial decisionsTypes of Child Custody in India:-The Judiciary in India, in a number of innumerable judgments, has held the view that the best interest of the child in Child Custody cases, needs to be given utmost importance, surpassing all the legal provisions laid down. The court grants the right to child custody either to one or both the parents under certain rules and regulations. Evaluating the sensitivity in this matter, the Indian Law allows parents to seek Child custody as per its below mentioned forms, They are:Physical Custody: In physical custody, a child lives with the custodial parent and undertakes all the day to day activities.Joint Physical Custody: In joint physical custody the child lives with both the parents for a significant time period. In such a set-up, both the parents have equal rights on their child.Sole Custody: In Sole custody, the entire right to live with the child lies in the hands of one parent only. This often happens in cases where in the other parent is abusive, instable, violent or incapable in nature.Third Party Custody: In third party custody, none of the biological parents have any right on the child. Instead, the child custody is granted to the third person by the court. What the Legislation has a say about Child Custody?As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child.The custody of a boy or an unmarried girl below the age of 18 years and above the age of 5 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death, the custody shall be given to the mother.In case the child is illegitimate then the custody shall be with the mother itself.If the parents are not willing to take the custody of the child or if the court thinks that for the welfare of the child it would be better if he is not kept under the guidance of the parents then even a third person may be allotted the custody of a Hindu child. In this case usually, the grandparents are that paternal or maternal will be preferred to get the custody of that Hindu child if they are interested.If neither the parents nor any of the close relatives of the child are initiating to take the custody of the child then the court by itself shall find an appropriate person who could take the custody of the child.Which Parent Can Be Granted Legal Custody?At the present time, most courts attempt to grant both parents equal rights with regards to legal custody. This is to help the child interact with both parents rather than just one. However, in some cases, the court may grant only one parent legal custody. This is especially true where one of the parents is deemed unfit to make decisions on behalf of the child.When determining which parent should be granted legal custody, the courts may consider many different aspects, including:The parent’s mental, physical, and emotional ability to make legal decisions on behalf of another personThe relational history between the child and the parentWhether there has been any history of abuse, neglect, or other violationsThe arrangement between the parents regarding distribution of physical custodyWishes of the minor child, if he can form opinion on his own.Financial status of both the parents.As with any child custody decisions, legal custody determinations are made with the “best interests of the child” in mind. This means that the needs of the child take preference over any personal desires or intentions of either parent.Child Custody for Fathers: How can a Father Get Full Custody of His Child?When it comes to father custody rights, various questions can arise.Custody battles for fathers can sometimes be challenging. While most courts have discarded older notions that the mother is automatically the primary caregiver, many mothers and other persons in society still hold these types of notions, but there are some situation when a father can claim custody or even full custody of child by proving any of the following reasons given under. Father Gets the Custody In The Following Manner:-In India, it is believed that no one can be a better caregiver than a mother. Unfortunately, it is not true all the time.Though while giving the custody the mother is given the first priority, the father can get it by following ways:1.     If the mother is willing to give up the custody of the child, then the father may get custody.2.     If the mother is not mentally stable, the father is the next person to get custody of the child.3.     If the child is of 13 years or more and expresses his wish to stay with the father, the Court shall grant it to the father.4.     In case the mother is of an immoral character, which may affect the child as well, the father gets the custody.5.     If the father can prove the financial incapacity of the mother which shall in future affect the upbringing of the child and also prove his financial capability to take good care of the child. 6.     If the father can prove that the background of the mother has been in dark and that if the child will stay with the mother it will prove to be fatal to the upbringing of the child or shall affect his mental and physical growth. 7.     If the mother is a convict herself, the custody of the child shall thereafter go to the father. Although the above – mentioned points are few of which are used in the court to get custody. The same is not exhaustive and can vary depending from case to case on the basis of facts and circumstances.Can a Father Fight for Child Custody If He Is Not on the Birth Certificate?Whether or not a father’s name is listed on a birth certificatecan have significant impacts on their custody rights. In most cases, if the person’s name is listed as the child’s father on their birth certificate, courts will automatically conclude that they are the child’s legal father. They will then be granted various custody rights as the legal father of the child. In many cases, even if the person is not the child’s biological father, if their name is listed on the birth certificate as their father, courts may still grant them custody rights. They may also impose various duties on them, such as the duty to pay child support if this arises in the future. If the father’s name is not on the child’s birth certificate, they may often not be granted any custody rights over the child, whether partial or full custody. If they wish to gain legal rights, and they are the biological father of the child, they may need to undergo a paternity test to prove to the court that they are the biological father. CHILD CUSTODY LAWS:The law governing Child Custody cases in India, broadly, falls under following Act :-1.     Guardian and Wards Act, 18902.     Section 26 of Hindu Marriage Act,19553.     Hindu Adoption & Maintenance Act,19564.     Section 38 of Special Marriage Act, 19585.     Hindu Minority and Guardianship Act, 19566.     Custody Under Muslim Law7.     Custody Under Hindu Law PLACE WHERE CHILD CUSTODY CASE IS FILED:-Child custody cases are filed in the jurisdiction of the family court/competent court where minor child ordinarily resides. For example, father is living in Mumbai. Mother is living in Delhi along with minor child. If father wants to file Child Custody, he has to file the same only in Delhi. Thus, family court or concerned competent court shall have the exclusive jurisdiction over the child custody to the exclusion of all other courts.PROCEDURE TO FILE CHILD CUSTODY CASE:-A petition for child custody or declaration regarding appointment of natural or legal guardian of minor starts child with the filing of the petition by the spouse seeking child custody  application for Interim or Temporary custody as well as Visitation Rights.Custodial parent is required to give response to the petition following which evidence are led by both parents. After closure of evidence of by both parents and their respective witnesses, if any, follows with final arguments and consequent judgement.As stated above in certain situation and exigencies a writ petition under article 32 of the Constitution of India can be filed in the Supreme court or a write petition under article 226 of the Constitution of India can be filed. Key points:Child custody cases are emotionally taxing for parties, concerned counsels, as well as the Judge(s).Generally, the age of majority is eighteen years and in some cases it is twenty-one years.Nowadays courts often take the helps of experts such as counsellors, psychologist or other specialist dealing with issues of child custody.It is extremely interesting to note that all judgements that attain finality bound parties with the final outcome. However, the decision or the judgements of child custody cases are never final. It is a departure from the general law. To explain further, Custody of Child has been awarded by judgement or by mutual consent to one of the parent. However, the welfare of the child is prejudiced by the acts and omission of the custodial parent .CONCLUSION:-For a father, custody can be difficult to win, even though the courts do not discriminate against fathers. Whether you are a father going for full custody or joint custody,youshould be prepared for a difficult child custody battle,especially if the child's mother is also fighting for custody. Consider the following tips to help a father get custody.1.    Pay child support payments within time.2.    Build a strong relationship.3.    Give respect to the child and as well the mother.4.    Maintain accurate records.5.    Attend important school and social gatherings.6.    Make sure everything you are doing is for providing good life to your child.Children are mostly attached with their mothers, so when a father wants to have a custody or full custody he must think about his child’s wish and definitely what is good for their children’s life because custody battels are already traumatic and exhausting experience for a child to go through, so the first priority of a father should be to make sure that everything he is doing  for their children is to provide happiness and good life.

Posted By

Mrighankhi Chakraborty

4 days ago

Go to Blog
{{ item.meta_value }}, {{ item.meta_key }}

Consult and Get Legal Advice From the Best Lawyers in Delhi

A right Lawyer in time will save a lot of your time, effort and money !

4866b08fafc8d13a7deba1f07304811c.jpg

Shivangini Gupta

ADVOCATE
Exp
Delhi , Delhi

Specialization

  • Cheque Bounce
  • Consumer Protection
  • Divorce
  • Administrative Law
  • Child Custody
Shivangini Gupta is a professional successfully handling various complex litigation of diverse nature including Civil, Criminal, Matrimonial, Arbitration, Real Estate (RERA). She extensively appears and pleads before Supreme Court, High Court, Consumer Forums and all other District Courts across NCR View Full Profile
Consult and Get Legal Advice From the Best Lawyers in Delhi

Shah Rukh Ahmad

Advocate
Exp
South Delhi , Delhi

Specialization

  • Employment and Labour
  • Cheque Bounce
  • Divorce
  • Arbitration and Mediation
  • Contracts and Agreements
33972f09264c5ab517abf72cab07b2a3.jpg

Kunwar Chandresh

Advocate & Arbitration counsel, Ex-IES, Executive Engineer
Exp
South Delhi , Delhi

Specialization

  • Commercial
  • Government Contracts
  • Cyber, Internet, Information Technology
  • International Laws
  • IT Contracts
Kunwar Chandresh helps client in Contract Management, Dispute Avoidance, Negotiation, Claim Preparation & Documentation for Arbitration and litigation in Courts of Delhi including NCLT and Commercial courts. He also appears before various courts mostly for civil matters. He is a member MCIArb (UK). View Full Profile
f0cf2af91c3021d73392c18560862ee6.jpg

Tejasv Anand

Advocate
Exp
Delhi , Delhi

Specialization

  • Commercial
  • Arbitration And Mediation
  • Bankruptcy And Debt
  • Contracts And Agreements
  • Debt Collection
I am a lawyer practicing on the commercial, civil, economic crimes, corporate and regulatory field of law in the courts in Delhi, including the District Courts, Hon'ble Delhi High Court and the Hon'ble Supreme Court along with other Tribunals including the NCLT, DRT, APTEL etc. View Full Profile
4a78a19d7c4a1aa5f813145d19671866.jpg

PRADEEP MATHUR

Advocate
Exp
Delhi , Delhi

Specialization

  • Civil
  • Arbitration And Mediation
  • Contracts And Agreements
  • Landlord And Tenant
  • Mergers And Acquisition
I have been practicing in Delhi/NCR courts and High Court of Delhi for over 9 yrs. Being from a family of lawyers and Judges, had opportunity to work for both Civil and Criminal cases & various Tribunals. Also since worked for engineering Indusrtries, I undertake Arbitrations & Corporate litigations View Full Profile
b977f8aa93f6bad64976257281febf47.jpg

Shreshth Jain

Partner
Exp
East Delhi , Delhi

Specialization

  • Domestic Violence
  • Employment And Labour
I am a consumer activist! I am a dynamic lawyer practicing in Delhi NCR, Punjab and Haryana. I aim at getting the best results in any situation. View Full Profile
27c5967bc02bb03db9bf6f13e0babe31.jpg

Abhijit Banerjee

Lawyer
Exp
South Delhi , Delhi

Specialization

  • Arbitration and Mediation
  • Cheque Bounce
  • Civil
  • Commercial
  • Consumer Protection
19 years of experience in Litigation in Supreme Court, various High Courts, NCDRC, Trial Courts, Forums and Regulatory Authorities. Have successfully handled numerous Matrimonial Disputes, Civil Cases & Criminal Cases. View Full Profile
813873734eef374f0e1f711d3757bc81.jpg

Sahej Uban

Lawyer
Exp
South Delhi , Delhi

Specialization

  • Criminal
  • Family
  • Civil
  • Consumer Protection
  • Divorce
Sahej Uban & Associates (A Law Firm) is a result oriented firm and works all day long to furnish best legal services for their clients. View Full Profile
9ce8e3c7d9eae9bfc2b6069962ab6607.jpg

Sushil Kumar Kalra

FREE LANCER
Exp
South West Delhi , Delhi

Specialization

  • Tax
  • Corporate And Incorporation
  • Partnership
  • Registration
Experience of 31 yrs in Accounting & Taxation. Presently providing following Services Finalisation of Accounts Taxation (Income Tax & GST) Company & Labour law WILL Drafting & Registration Legal Drafting & Consultancy Cheque Bouncing Cases IPR (Trademark, Copyright, Patent ) Family & Civil matter View Full Profile
2778756a098243669ebca4fb63e8375e.jpg

Prateek Chakraverty

Advocate
Exp
West Delhi , Delhi

Specialization

  • International Laws
  • Arbitration And Mediation
I am an advocate registered with the Bar Council of India. I hold a BALLB (2011-16) from Jindal Global Law School. I have an LLM (2017-18) in Litigation and Dispute Resolution from Faculty of Laws, University College London. View Full Profile
Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need Legal Advice
Post Your Matter1
Connect with Expert Lawyers to Resolve
Your Legal Matter

Request a Callback for Legal Help


In case you want us to call you back to understand your legal problem then please submit your details with a brief description of the legal issue that you have. We will call you back.

Name must be provided !

Email must be provided !

Invalid Phone Number !

Details must be provided !

Want a Quick Legal Advice From Expert Lawyer
Call us at this number for Legal Help at an affordable price
7604047601
Legal Advice Anytime Anywhere

The most trusted and relied upon partner for hiring lawyers for any kind of legal services.

Not Sure Whom to Consult ?
We will help you to find the best lawyer as per your budget !
Post Your Matter to explore various options.
Need a Lawyer for Your Case ?
Post Your Matter2
Get the best Lawyer
for your Case

Top Responding Lawyers
on

bd1c2012697b2adfdee9cbc578287bcb.jpg
Experience: 2 Year(s)
Advocate
Delhi
f062919f05293ec969b8a21d07e7e792.jpg
Experience: 4 Year(s)
PARTNER
Delhi
0be63e593210ac335cd9a2455d8049a0.jpg
Experience: 4 Year(s)
Legal Counsel , Lawyer
Delhi
4866b08fafc8d13a7deba1f07304811c.jpg
Experience: 3 Year(s)
ADVOCATE
Delhi
53b2f092337740994ded7b9ee04c0b9e.jpg
Experience: 4 Year(s)
Lawyer
Delhi
c3d90a81efc4af885fa384ad84c557bc.jpg
Experience: 2 Year(s)
Litigator
Delhi
5c4b56db27fc88df4226e2adb2fb484d.jpg
Experience: 2 Year(s)
Associate Counsel
Delhi
M  MINHAJ
Experience: 10 Year(s)
Advocate
Delhi
99dda0947741f8c4e0a46aef6c2f9cc7.jpg
Experience: 3 Year(s)
Advocate
Delhi
4b6e444bd3b1ed0ba9558c0d578ac28f.jpg
Experience: 2 Year(s)
Advocate
Delhi
c0c3d251ed9ec09aa1a2e42aab190b76.jpg
Experience: 33 Year(s)
Retired Judge
Bangalore
96f7af615b9d69fb001d0eabf8624f63.jpg
Experience: 9 Year(s)
Lawyer and legal associate
Nagpur
9434907e0136c51bd1ae1f8951e791b0.webp
Experience: 2 Year(s)
As a advocate
Aurangabad
c145ced7ac4ad8d7f029e0f25bd83fed.webp
Experience: 1 Year(s)
Advocate
Kolkata
93242ddb5f3bbe7e8eeeb394d718b1ec.webp
Experience: 22 Year(s)
Advocate
Bhubaneswar
bbeb09048874b1d40441.webp
Experience: 9 Year(s)
Adv.Ambrose Leo Associates & Legal Consultants
Bangalore
a24c9c9c3a743f162cc475c80071fe4c.webp
Experience: 15 Year(s)
Advocate High Court
Kolkata
59e854a50a441a116b44301cc6c50176.webp
Experience: 11 Year(s)
Attorney
South Delhi
3a01cc6aa21855397e314eb84cfd223a.webp
Experience: 5 Year(s)
Lawyer
New Delhi
498ccf42b276edbaf56567d1ccd4975a.webp
Experience: 19 Year(s)
Advocate
Bangalore
4841c22d1a959ded01c071ad410d81b4.webp
Experience: 15 Year(s)
Advocate
Panipat
57c4e587eb8d1f8118587949fee03c09.jpg
Experience: 14 Year(s)
Advocate and Legal Counsel
Kolkata
d6d5b47319eafdb8e3813667048e1699.webp
Experience: 3 Year(s)
Criminal Lawyer
Faridabad
090d5a222e6f7cab9481bb4042a79c69.webp
Experience: 20 Year(s)
Dr
New Delhi
c48c394179eb5d82a1140ede15febea1.webp
Experience: 12 Year(s)
Advocate
Thane
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us