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Child Custody & LAWFUL GUARDIAN

GUARDIAN AND WARD ACT 1890

SECTION 7 : Power of the court to make order as to guardianship.

SECTION 8 : Persons entitled to apply for orders.

SECTION 12 : Power to make interlocutory order for production of minor and interim protection of person and property.

SECTION 15 : Appointment or decleration of several guardian.

HINDU MARRIAGE ACT, 1955

SECTION 26: It deals with the maintenance, caring and education of child and only when both the parents follow Hindu religion, the custody of child gets validated. Under this act, the court can pass orders, judgements, amendments, etc. at any point of time in respect to the maintenance of child and dispose of the pending decree within the 60 days from the date of service of notice.

SPECIAL MARRIAGE ACT, 1954

SECTION 38: This act validates the custody of the child in case both the parents belong to different religions or have undertaken a court marriage. Under this act, the court can pass orders, judgements, amendments, etc. at any point of time in respect to the maintenance of child and dispose of the pending decree within the 60 days from the date of service of notice.

THE POTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

SECTION 21 (Custody orders): Notwithstanding anything contained in any other law for the time being in force, the Magistrate may, at any stage of hearing of the application for protection order or for any other relief under this Act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent: Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of the child or children, the Magistrate shall refuse to allow such visit.

HINDU MINORITY AND GUARDIANSHIP ACT, 1956

SECTION 6:  This act allows only biological parents to seek the custody of their minor child provided that he/she is a Hindu.

Natural guardians of a Hindu minor.—The natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are—

(a) in the case of a boy or an unmarried girl—the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

(b) in case of an illegitimate boy or an illegitimate unmarried girl—the mother, and after her, the father;

(c) in the case of a married girl—the husband: Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section—

(a) if he has ceased to be a Hindu, or

(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi). Explanation.—In this section, the expression “father” and “mother” do not include a step-father and a step-mother.