Legal Question in Family Law in India

Re: Child Custody - father's legal right

Dear Friend,

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Satish Maheshwari.

Re: Child Custody - father's legal right

Normally, the court will allow the mother to have custody, unless it is proved to court's satisfaction that father's custody is more beneficial to the child's welfare. It has to be proved in the trial by evidence.

Re: Child Custody - father's legal right

The paramount consideration is the interest of the child and not punishment of the guilty spouse.Subject to the welfare, moral and physical of the child, the court may take into account (i)the conduct of the parties(ii)wishes of the innocent party (iii)the long term benefit of the child.There is no rule that a child should be committed to the mother's care.But, generally the court is reluctant to remove a very young child from the custody of the mother. Therefore a great deal will depend on what the best interest of the child requires. The quality of evidence let in and the facts that ultimately emerge consequent to full fledged trial.In child custody issues the Court will not act ex-parte unless parties have had notice and have failed to appear. In case of any further clarifications you could get in touch with the undersigned at:[email protected]

Regards,

Bimal.B.Bhaskar