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  2. Apr 8, 2024 · Understand the factors considered by the court when determining child custody, whether it's joint custody, sole custody, or custody under Hindu law. Gain valuable insights into child custody laws in India, including the rights and procedures involved in child custody cases after divorce.

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  3. Feb 18, 2021 · The custody battle for the child is an intense and a delicate issue for the court. When presented with the question, the apex court of India, i.e., the Supreme Court and other courts as well have held that the only criteria to adjudge the vesting of custody rights is the benefit of the child.

    • Ayush Verma
  4. Aug 24, 2021 · Parens patriae jurisdiction of Indian courts. Forum convenience and comity of courts. Case of non-convention countries. Questions to be considered by the court. Conclusion. References. Introduction. The legislation governing child custody and guardianship is inextricably interwoven.

  5. Custody of a child above 5 years. Custody of a child above 5 years of age is decided by the court based on the facts and circumstances of the case. The most important point of consideration while deciding the custody of a minor child is the welfare and the best interest of the child.

  6. A court of competent jurisdiction in India primarily orders the custody of children in the following three forms: 1. Physical Custody. Physical custody when awarded to a parent, implies that the minor will be under the guardianship of that parent with periodical interaction and visitation with the other parent.

  7. Jul 25, 2023 · The court decides on child custody and visitation (usually a family court judge). Ultimately, the decision-making authority is the court in these cases. The court will look at a variety of relevant factors in the best interest of the child.

  8. Oct 10, 2011 · When children are involved, either the court must decide or the parents must agree on how to handle issues like whether and how custody will be shared, who will make decisions for the kids, and how visitation will work.