Child custody proceedings

Dear Querist,

There is no absolute rule that if the child is below 5 - the GWA Application would be automatically dismissed. A lot of factors have to be seen, the law merely says that '....ordinarily child below 5 years is to be given to the mother' emphasis on the word ordinarily, if you succeed in proving that your custody is more conducive for the child's welfare - there is no reason why custody should not be given to you. Welfare of child would have to be seen. In any case visitation rights you are sure to get.

Welfare of the child is the only touchstone on which the custody is to be granted. The parent who is in a better position to look after the child would get the custody of the child. The '5 year old' is not a cast iron rule. It ought to be deviated from when the father is in a better position to provide for the welfare of the child.

Regards,

Ashish Davessar

Delhi, Chandigarh

08427414792

Is mother's and in-laws' moral conduct (not based on hearsay like in most matrimonial cases but hard evidence) considered important in custody determination?