This article provides information regarding father’s right to child custody in India. In today’s generation most custodial laws are gender neutral so it is not that difficult to figure out how to gain father’s right to child custody who is seeking sole custody of his child/children.
Father’s Right to Child Custody India
Earlier mother had the most advantage of child/children custody but as the evolution brought gender discrimination to vanish, people came to understand as the child/children need their mother the most they need their father too.
The general law relating to guardians and wards contained in the Guardians and Wards Act, 1890. It clearly lays down that father’s right to child custody is primary. No other person can appointed unless the father found unfit. This Act also provides that the court must take into consideration the welfare of the child while appointing a guardian under the Act.
Natural guardian for both boys and unmarried girls is first the father and then the mother. Again, father’s right to child custody rules vary from state-to-state and religion-to-religion.
In general, chances of full custody for fathers are good only when mother has left child alone in father’s care for a long period of time, and she was basically absent from child’s life for that time here father’s rights to child custody applies.
In Indian laws, there is no separate notion of physical and legal custody. The custody for child for Hindus is determined by Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956. HMGA 1956 has overriding effect on GWA 1890. An important provision in HMGA 1956 is Sec 13 which states that “Welfare of minor to be paramount consideration”. With that clause, the favorable clause 19 of GWA 1890 towards fathers for child custody has overridden. In practical terms, it has meant that child custody can more easily granted to women in interest of child’s welfare.
Can an unmarried father get sole custody?
In some states, an unmarried mother is assumed to have sole custody of her child. However, if an unmarried father has established paternity, he can petition the court for child custody. Again, custody rules vary from state-to-state and religion to religion.