Child Custody Disputes Under the Hindu Marriage Act,1955

Written by : Ruchika Jindal and Gayatri Majhi, B.A.LL.B , Birla School of Law

Abstract

In India, child custody is still one of the most delicate and divisive topics in marriage disputes, especially in light of the Hindu Marriage Act of 1955.  The legal framework governing child custody conflicts between Hindu families following a divorce or judicial separation is examined in this research paper, with an emphasis on the interpretation and application of Section 26 of the Hindu Marriage Act, 1955.  The study looks at the factors the courts consider when deciding custody, including the child's wellbeing, the parents' emotional and financial health, and, in certain cases, the child's own desires. It examines the judiciary's discretionary authority and how it strikes a balance between the rights of parents and the best interests of the kid.  The study also explores court rulings and case legislation that have influenced how parenting rights, such as changing family structures, gender roles, and cultural values affect custody decisions.  The study draws attention to flaws and difficulties in the current legal system, including insufficient enforcement of visiting rights, inconsistent rulings, and lengthy hearings. This paper seeks to give a thorough understanding of how child custody disputes are settled under the Hindu Marriage Act and suggests reforms to make the process more child-centric, effective, and equitable by analysing legal texts and practical implications.  The ultimate goal of the study is to add to the current conversations regarding child welfare in relation to Indian family law.

Keywords: Child Custody, Hindu Marriage Act 1955, Section 26, Parental Rights, Shared Custody, Welfare of the Child, Guardianship, Indian Judiciary

Ruchika.pdf

Download PDF • 194KB

Volume 1| Issue 4