Sep 23, 2017
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Child Custody Under Christian Law Overview

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Christian law per se does not have any provision for custody. The issues of custody did solve by the Indian Divorce Act. Hence this Act applicable to all of the religions of the country. This article however lays the guidelines of child custody under christian law.

Child custody under christian law

The Indian Divorce Act, 1869 contains provisions relating to child custody under christian law. This Act provides with the powers to make orders as to child custody under christian law in suit for separation. In any suit for obtaining a judicial separation the Court may before making its decree, make such interim orders. The court may also make such provision in the decree, as it deems proper with respect to the maintenance, education of the child custody under christian law. The marriage of whose parents subject to such suit, and may, if it think fit, direct proceedings have taken for placing such children under the protection of the said Court.

In the case of ‘Rosy Jacob v. Jacob A. Chakramakkal’ the Court held that:

Orders relating to child custody under christian law of the minor wards from their very nature must consider temporary orders.

With the changed conditions and circumstances, including the passage of time, the Court thus entitled to vary such orders if such variation considered in the interest of the welfare of the wards. It is unnecessary to refer to some decided cases relating to estoppel based on consent decrees, cited at the bar. Orders relating to custody of wards based on consent are liable to be varied by the Court, if the welfare of the wards demands variation.

‘The Court, after a decree of judicial separation, may upon application (by petition) for this purpose make, from time to time, all such orders and provision, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents subject of the decree, or for placing such children under the protection of the said Court, as might have made by such decree or by interim orders in case the proceedings for obtaining such decree were still pending’.

Suit for dissolution of marriage

In suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in, or removed to:

the Court may from time to time, before making its decree absolute or its decree make such interim orders. It may also make such provision in the decree absolute and in any such suit instituted in a District Court. The Court may before its decree is confirmed, make such interim orders, and may make such provision on such confirmation. The interim orders and provisions should be made as the High Court or District Court deems proper with respect to the custody, maintenance and education of the minor children. The marriage of whose parents subject to such suit, and may, if it thinks fit, direct proceedings taken for placing such children under the protection of the Court.

 

Find lawyers in mumbai related to child custody.

Article Categories:
Child Custody · Family Law

Avani is a LL.B. student of New Law College. Classical use of language and adeptness with the written word make her treasure useful legal information. In her spare time, she writes prose and pursue an active interest in creative writing.

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