Custody of child
azmathullah
(Querist) 06 May 2008
This query is : Resolved
At what age the custody of children goes to father.
Manish Singh
(Expert) 07 May 2008
Under the Hindu Law, the father is the natural guardian of a minor
after the age of six years,but the Court while considering the
grant of custody of the minor to him has to take into account
other factors as well, such as the capacity of the father to look
after the child's needs and to arrange for his upbringing. It
also has to be seen whether in view of his other commitments,
the father is in any position to give personal attention to the
child's over-all development.
THe courts have alwz ben in favour of mothers to give a child custody.
Go through this case law-Lekha v P anil kumar, 2007
SANJAY DIXIT
(Expert) 08 May 2008
The right of the natural guardian to have the custody of minor U/S 6 is subject to S.13 of the Hindu Minority & Guardianship Act. According to S.13 of the Act the welfare of the minor is of paramount consideration. Condition as mentioned in S.6 of the Act, is under normal circumstances but controlling consideration governing the custody of the children is the welfare of the children and not the right of the parents.
In regard to the custody of minor, the court is bound to take into account the welfare of the minor. Where there is a guardian of minor, who seeks to have the custody of the minor, has a burden on him to show that the welfare of the minor demands that the custody shall be with him in preference to the other guardian of minor. The word “welfare” has the widest amplitude. It is to be understood in its widest sense so as to cover the material & physical well-being, education, health, happiness & moral welfare of the child.
What constitutes the welfare of the minor has to be determined by the court after a careful consideration of the case, as the Act does not lay down any tests or guidelines to determine what is for the welfare of the minor.
