The most important and complex issue in a divorce case is ‘Child Custody’. Both husband and wife use child custody as a means to establish fault and fault on the other party.
In India, the Guardianship and Guardianship Act, 1890 is empowered to determine the question of child custody.
In general, the court has the power to award the following:
(a) Permanent Custody
(b) Temporary Custody
(c) Visitation rights
(a) Permanent Custody
The court awards permanent custody after determination of all aspects of the case. In general, the main criterion is the “child welfare”.
In deciding the ‘welfare of the child’, the court primarily considers the following factors:
Yo. The qualification of both the father and the mother.
ii. Family history of the father and mother, including their financial and academic qualifications.
iii. child’s wishes
IV.. Conduct of the parties
v. Integral development of the child.
(b) Temporary Custody
The court awards interim custody during the pendency of the case taking into account the overall development of the child. While awarding temporary custody, the court tries to maintain the balance between husband and wife and also remains cautious that the child is not treated as a flyer between the separated spouses.
The court also imposes certain conditions for the welfare of the child, such as not leaving the country without informing the court, to protect the interest of another party.
(c) Visitation rights
The Court grants visitation rights in two stages, at the trial stage and after the resolution of the dispute (divorce in most cases). Once one spouse obtains permanent custody, the other spouse has the right to join the child once a week or as directed by the court. The object of the court is to maintain the emotional bond between the child and the parents.
Conclusion
In matrimonial proceedings, the court must decide the question of child custody during the proceedings and after the approval of a decree. The court may revoke, suspend, or modify any such order previously made because of changed circumstances. When deciding on the custody of a child, the court must take into account the welfare of the child. Although the court also considers other factors, however, the welfare of the child is of paramount consideration. Usually, in girl custody cases, the courts award custody to the mother since, at the age of puberty, the girl needs the mother’s care. Thus, furthermore, the welfare of the child is the influential factor in deciding custody rights.