In the matrimonial issue, the most important and complex issue is that of Child Custody. In Court its like battle both the parties are not ready to loose even an inch. It appears as if through the medium of child custody, both the spouses want to establish the guilt and fault of the other party.
Under Sec.25 of the Guardian and Wards Act-and Hindu Minority and guardianship Act Guardian and wards card are empowered to determine the issue of child custody.
Generally Guardian and Wards Court have power to grant:
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Permanent Custody ,Interim Custody and Visitation Right
Permanent Custody is awarded by the Court after determination of all aspect of the case. Prime Criteria before awarding final custody in favour of one spouse as against the other is Welfare of the Child.
Important factors, amongst other, which are considered by the Court in awarding custody are:
Interim Custody is awarded by the Court during the pendency of the case before it. Generally, the Court awards interim custody when such an order does not affect the over all development of the child and same is in no way prejudicial to the interest of the minor. Court tries to bring equilibrium between the husband and wife and also keeps a vigilant eye that the child should not become shuttle cock between warring spouses.
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Visitation Right is granted by the Court at two stages. Firstly, at the stage of trial, and the other, after determination of entire issue of the appointment of Guardianship of minor by the Court. Indian law is clear on the point the proper development of the child is possible only after the child is showered with the love and affection of both the father and mother. Once the permanent custody is granted to one of the spouse, other parent has an inalienable right to meet the child(ren) one or twice a week or as directed by the Court.
The object of law is that the emotional bond between child and father or mother, as the case may be, should not be snapped.
In nut shell, I can say that welfare of the child is the paramount consideration before the court while adjudicating the claims of husband and wife over the child.