Custody of daughter aged 1+ year
11 months ago
If husband died any reason & before death he assured with any document that after his death his daughter will remain with his wife only, even wife not want to live with my parents after husband death. Can husband parents can claim for the custody of daughter?
A.Dear Client,
The Guardians and Wards Act, 1890 regulates the issues involving child custody and guardianship in India, regardless of the child’s religion. However, under secular principles, India also sanctions laws pertaining to different religions. The Hindu Laws are applicable only if both parents are Hindus. As per the provisions of both the Hindu Law and the secular law, the custody of a child below five years of age is generally given to a mother. Grandparents do not automatically have custody rights to their grandchild, but they may have the right to petition the court for it, depending on the state and the circumstances. Grandparents were granted child custody in certain circumstances and conditions. Before granting child custody two things are considered by the court. They are (1) controlling consideration governing the Custody of children is the welfare of children and not the right of their Parents. (2) Paramount consideration is the welfare of the minor and not the legal right of a particular party.
As regards the custody of a child, a mother has a privilege under law to retain custody of every child below 5 years of age. Documents required to file for a child custody case are - Valid ID proofs such as PAN card, Aadhaar card, driver’s license, passport, etc. Birth Certificate of child, Marriage Certificate of parents, Passport size photo of the child etc.
The Guardians and Wards Act, 1890 regulates the issues involving child custody and guardianship in India, regardless of the child’s religion. However, under secular principles, India also sanctions laws pertaining to different religions. The Hindu Laws are applicable only if both parents are Hindus. As per the provisions of both the Hindu Law and the secular law, the custody of a child below five years of age is generally given to a mother. Grandparents do not automatically have custody rights to their grandchild, but they may have the right to petition the court for it, depending on the state and the circumstances. Grandparents were granted child custody in certain circumstances and conditions. Before granting child custody two things are considered by the court. They are (1) controlling consideration governing the Custody of children is the welfare of children and not the right of their Parents. (2) Paramount consideration is the welfare of the minor and not the legal right of a particular party.
As regards the custody of a child, a mother has a privilege under law to retain custody of every child below 5 years of age. Documents required to file for a child custody case are - Valid ID proofs such as PAN card, Aadhaar card, driver’s license, passport, etc. Birth Certificate of child, Marriage Certificate of parents, Passport size photo of the child etc.
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