Child Custody Laws In India: Its Legal Context, Cultural Perspectives, And Landmark Cases
- IJLLR Journal
- Apr 9
- 1 min read
Jatin Dhankhar, CPJ College of Higher Studies and School of Law, GGSIPU
ABSTRACT
Child custody issues in India are merged with the comprehensive legal system, cultural values, and socio-legal change in the country. Along with the time, the concept of child custody has shifted from “parent’s right” to “children’s right”. There are many judgements of the supreme court which emphasised the welfare of child and make it primary factor of deciding the child custody. This paper explores the details of child custody laws in India, taking into consideration the legal issue, sociocultural aspect, and important judicial decisions concerning the contests of custody. It also looks at the personal law provisions like Hindu Law, Muslim Law, and the Guardianship and Wards Act and how they bring together religion, culture, and modern law.
The paper seeks to examine the role of the courts regarding the best interest principle with respect to parents’ rights, children’s welfare, and increasing concern for women’s rights in custody issues.
In the end, the paper comments on the need of making modification in Indian custody law so that it becomes more uniform, child-oriented, and reflective of different social sentiments.
Keywords: Welfare of the child, best interest, Custody and guardianship Law, Judicial Interpretation
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