The amendment of the year 1976 in the Hindu Marriage Act introduced the concept of mutual concept divorce. Mutual divorce is a simpler procedure in comparison and without much drama. The parties seeking a mutual divorce often get confused as to how to initiate the proceedings, the role of the court, the terms and conditions of the divorce by mutual consent, matters related to the child custody and maintenance, the place of filing or other allied questions.
Laws related to child custody
The provisions related to child custody are-
- Section 26 of the Hindu Marriage Act
- Section 21 of the Domestic violence Act
- Section 7, 12, 25 under the Guardian and Wards Act-1890
Types of Child Custody Relief
The child custody relief can be broadly categorised as under-
- Interim Custody- ordered by the court during the pendency of the case proceedings. The order is given in a situation when such order would not affect the overall development of the child. While awarding the interim custody, certain conditions are also imposed by the court which could be deposition of the passport,etc.
- Visitation RIghts- are granted by the court in two situations, firstly during the trial stage and later, after determining the issue of appointment of guardianship of the minor through the court. It is believed by the court and the laws that the child could have a proper upbringing if he is showered with the love and affection of both parents of the child.
- Permanent Custody- is granted to either of the spouses, while the other parent has the right to meet the child as per the guidelines issued by the court. The objective of the law while deciding the child custody case is to ensure that the emotional bond between the child and its parents is not broken.
Child Custody in Mutual Divorce-
In case a child is involved in a divorce case, the parents can mutually decide amongst themselves regarding the custody of the child. Both parents may agree on joint custody or shared parenting of the child after mutually deciding on the issue. This could help save the child from any avoidable suffering.
In the case of Shri Rajinder Kumar Mishra v Shrimati Richa, the court held the welfare of the child is of paramount importance while deciding the custody case.
The child's well-being is of the utmost importance.
The welfare of the child should be based on the following two factors-
- For the overall growth of the child, the court focuses on the child’s best interest while dealing with the custody issues.
- In the case of Vivek v Romani Singh, the court observed that the child-centric human rights law has evolved and the emphasis should be on the overall growth of the child.
Conclusion
A good child custody lawyer in Delhi is not only aware of the laws and rules, but also could understand the emotional and psychological needs of the parent. An experienced domestic violence lawyer in Delhi understands the legal and emotional issues of the child with utmost precision. An experienced family lawyer in Delhi could help you to come to an understanding regarding the custody of the child in a better way.
Lead India offers you a team of experienced advocates who could help you with child custody cases, domestic violence cases, divorce cases etc. To have a better understanding of the provisions of law involved in your case, it is important to seek advice from an experienced advocate.
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