Usual Terms And Conditions Which Can Be Covered Under Mutual Divorce Petition Relating To Child Custody

Introduction

Mutual divorce is the way or the process where parties to the marriage decides to end their marriage amicably. In India, during the proceeding of divorces the settlement of any claims such as, alimony or demands of maintenance or if there is any child comes from such marriage, it becomes the initial & crucial point before ending the terms of the marriage. Under Family Laws or any general Laws provides this type of demands also works as remedies, which works as the ultimatum for such married couple, which they must maintain. But there are some scenarios through which the purview of terms and conditions, for adequate assessment this have to be comprehend including provision, landmark cases etc.

Background

In this context, in India where the Hindu Dharma Shastra was in existence, which considered the solemnization of the marriage a sacred unity, the bonding which could not ceased unless they met with death. But after this during colonization, the British has introduced our society with some efficient Laws, in between which the nation gone through massivechanges which pushed us to the current era slowly and steadily. The Divorce Act of 1869, or The Hindu Marriage Act, 1955, also other law such as The Special Marriage Act, 1954, Hindu Minority and Guardianship Act, 1954 etc.These are the fruits of this changes. After the amendment of 1976 in the Hindu marriage Act, 1955 the concept of mutual divorce has been addressed, that was the turning point of the views of Indian legal system.

Provision

The custody of a child can be decided by efficient laws which facilitate the matter more smoothly and effectively, these are-

1. Section 26 of Hindu Marriage Act, 1955, deals with child custody for the both Hindu parents. Under this the court has the power to make interim orders and provides provisions for child custody. The court will consider any possibility to uphold the well-being of the child.

2. Through section 13B of the mentioned Act after ending the marriage amicably the parents can decide the custody of their child or asset division and alimony etc.

3. Also, Indian Divorce Act, 1869, prioritizes the child's best interests such as, child's health, psychological parameter towards parents, educational needs etc.

4.  There are also the Guardians and Ward Act, 1890, which directly governs the custody of child in India.

There are other laws related to this, which are-

• Section 28 of Special Marriage Act, 1954,
• Section 32B of Parsi Marriage and Divorce Act, 1988,
• Section 10A of Indian Divorce Act,
• Muslim personal Law etc.

TERMS AND CONDITIONS

There are some important concepts, such as-

• Physical custody,
• Joint custody,
• Visitation rights,
• Child supports,
• Educational expenses, etc.
• Parental responsibilities such as daily care and communications are very crucial regarding child well fare.
• Also, decision-making such as, legal custody, or joint decision-making, both parents are responsible for maintain the child.

CASE LAW

In the case of Priyanka Maity (Ghosh) v. Shri Sabyasachi Maity 2012, it was argued that a mutual divorce petition can addressed even before one year from the date of marriage. Shri Rajinder Kumar Mishra v. Shrimati Richa 2005, in this case the court has prioritized the best interest in custody arrangements. Also, in the case of Rosy Jacob v. Jacob A. Chakramakkal 1973, is the very good of this and also there are many more examples under this topic.

CONCLUSION

The mutual divorce petition involving child custody has created a parameter, which has been created just to protect such child who is innocent and has no part in this chaos. It becomes the duty of the law to suffice the arrangements which is most important part of society as a Human.