Chania

Article 1 - Matrimonial

2022-11-05 05:06:44

In modern society, divorce has become rampant and the bad effects of that is that where do the children go or with whom do the children live with. During any breakdown of marriage, the custody of children is an important question to be resolved. It is said “the child needs a mother the most, but it needs a father too”. The question that arises is does the Indian law believes this? Is it that the law believes that the child has a good future just with the mother? Is it possible that the mother can always be the right person in the life of the child? There are instances when both the parents want the custody of the children and also when none of the parents want the custody of the children. There have been cases where the Supreme Court has decided that even when mother is carrying on illicit, illegal pro- fession the custody is given to her. Issues also arise when there are foreign jurisdictions and foreign Court judgements involved. Further, there are matters where the spouse is facing the criminal charges for the mur- der/ abetment of murder of the other, then who should be handed over the custody. The Courts have also look into the aspect of working mothers while deciding on the custody as they may not have time for the children. The Courts while granting the custody has to look into second marriages of one or both the partners. Many times the child prefers to alienate himself from both the parents as he is fed up of the fights. Then, there is a bigger issue of ego clashes between the parents and where they both are harming the child without realiz- ing it. This paper remaps the different legal aspects of cus- tody of a child. The paper discusses the Indian laws regarding the child custody. The custody of the child affects the child emotionally and psychologically. The child is caught up in between the parents, its difficult for him/her to choose one over the other. In the quar- rels the couple forgets that the child is suffering.Conclusion The legislation has not changed much when consider- ing the ‘custody of children’ provisions. but its good that the Supreme Court has given new dimensions to the child custody matters. It is righteous that the mothers are not looked by the Courts from the lens of character, financial stability, distance, career-oriented mothers, we have come a long way from Geeta Hari- haran case. The supreme is expanding its arenas and delving into new facets and incorporating the new so- cio and legal changes happening in the society. The custody is given to mothers inspite of issues relating to extramarital affairs, issues of long distance or moth- ers with financial stability. The fathers have also been given custody inspite of what law says.18 The only consideration now stands is ‘interest of child’ and not much law has been looked into. References: 1. The Hindu Marriage Act 1955 2. The Special marriage Act 1956 3. The Guardians & Wards Act 1890 4. The Hindu Minority and Guardians act 1956. 5. The Indian Divorce Act, 2001 (amended)