The Guardians and Wards Act 1890, and The Hindu Minority and Guardianship Act 1956, are Laws to be considered and implemented when dealing with the matters related to child custody and appointment of guardian for the minor.
The Hindu Minority and Guardianship Act, 1956 contains a provision which lays down that custody of a child upon the age of 5 years should ordinarily be with the mother.
The issue of child custody arises when there is divorce or annulment of the marriage between the parents. Hon’ble Family Courts pass orders in the interests of the child or children, but not the grounds of the parents claiming the children. Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent’s duty to care for the child.
Legal custody of the children means, either mother or father can take decisions of the welfare of the child, such as food, education, medical, and insurance claims, etc., Physical custody of a child means, either father or mother is held responsible for the child’s housing, educational needs and food. The parent who is not having custodial rights of the child will have visitation rights according to orders of the Hon’ble Court.