Legal Question in Family Law in India

1) The non-negotiable principle on which custody is decided is the 'best interest and welfare of the child'. Who will best serve the child's emotional, educational, social and medical needs is the only criteria.

2) Custody under Hindu Law

The secular law for appointment and declaration of guardians and allied matters, irrespective of caste, community or religion, is Guardianship and Welfare Act, 1890. Under this act,

--Minor child, under the age of 5, are committed to the custody of mother.

--Older boys to father and older girls to mother, however there is no hard and fast rule and the paramount factor in decision is welfare of the child.

--The choice of child is considered, above the age of 9 and is only held if it complies with the fulfillment of the welfare requirements of child.

--A mother who is proven to neglect the child in his/her infancy is not handed with the child custody.

3) The provisions in the matrimonial Acts can, however, be invoked only when there are some proceedings pending under the Act. Hindus have an additional Act, viz the Hindu Minority and Guardianship Act 1956 (HMGA). Apart from this, there is the Guardians and Wards Act 1890 (GWA). 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.

4) No. U will not be able to lock the child in fathers custody. The court will decide depending upon various factors in the light of explanation given above.