Child custody comes into picture when children’s age is below 18 years and the spouses are getting separated or taking the divorce or annulment of marriage or fighting for the physical custody of their child. Family law courts generally base decisions on the best interests of the child or children. In most cases, the non-custodial parent will get visitation rights.
Since in India there are many religions and every religion / most of the religions have their personal laws.
Guardians and Wards Act 1890 (GWA) and Hindu Minority and Guardianship Act 1956 (HMGA) . These Acts are implemented in the matter of child custody and appointment of guardian for the minor.
According to The Hindu Minority and Guardianship Act, 1956 custody of a child till the age of 5 years should ordinarily be with the mother.
Christian law per se does not have any provision for custody but the issues are well solved by the Indian Divorce Act which is applicable to all of the religions of the country. The Indian Divorce Act, 1869 contains provisions relating to custody of children.
The custody of the children is provided in Parsi Marriage and Divorce Act, 1936 under section 49.
Conclusion:In India the custody of the child is given by the court after considering the best interest of the child, as the decision is the most emotional and crucial decision.
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