Who can keep child after divorce in India?
In such case the custody of the child ordinarily is with the mother up to five years of age & the father gets visiting right. The court while deciding the issue with regard to child custody consider the “welfare of the child’ only & in order to grant the custody the tender age of the child plays a big role. The Hindu Minority & Guardianship Act, 1956 clearly provides that natural guardian of a minor child is the father however up to the age of 5years custody shall ordinarily be with the mother. In order to get the custody from the mother the father has to prove in the court that the ‘Welfare of the child’ will be best if the custody is granted to him as he only can be the best person which help in the over all development of the minor child. Not only the divorced lady but even one who has remarried after the dissolution of her first marriage can be allowed to keep the minor child if the consider that welfare of the child is more secure with her then the father. There are instances wher
