5 Answers
Father being natural guardian can claim custody of child as provided under guardianship and wards Act. If any divorce case is pending then under section 26 HMA father can claim custody and meeting right.
Dear client,
Based on the question it is evident that you are seeking advice for gaining custody of the child. Since the details are not provided, I shall provide a general overview as to what can be done. If the child custody is sought in a matter of divorce, it is usually filed along with the divorce petition and the family court provides the judgement. However, if it is a case of custody after death of mother then a petition should be filed under the Guardians and Wards act for the custody of the child and the same has to be filed in the family court. Kindly note that the information is a general overview and the same may not be relevant to your case.
Feel free to reach out to us for further discussions.
Dear Client,
As the natural guardian under Indian personal laws , a father is entitled to apply for the custody of the minor child under the provision of the Guardians and Wards Act, 1890. In determining custody , the court primarily considers the welfare of the child , which includes factors such as the age and gender of the child and the conduct of parents and their financial capabilities. The preference of the child, particularly if he or she is of sufficient age and maturity , may also be taken into account. However, it is ultimately the overall well-being of the child that remains the paramount consideration for the court while granting custody to either parent .
Father has to file a Petition under Guardians and Wards Act for Custody of child before Hon'ble District Court or Family Court