The Researcher has been interested in researching about child custody since it has been facing challenges since it’s evaluation, types, considering the welfare and interest of child and also about it’s legal provisions. As per the custody of child in Indian law, interest and welfare of the child is one of the basic elements for a parent to maintain the child under his/her custody. By protecting the child’s interest and welfare, safety and protection of child is ensured. Basically, The provision of Hindu Minority and Guardianship act, amended a law where In case of minor boy or unmarried girl, the father shall be responsible for custody of child. The Mother shall be responsible in case the child is below the age of 5 years.
Even though the meaning of the term custody is not mentioned in Indian law it basically means Guardianship which is defined by Guardian and Wards Act,1890. Further, the Researcher would enhance knowledge about the custody of child In case of dissolution of marriage or Judicial seperation, In case of custody of Minor child, In case of legitimate child, In case of Illegitimate child and Adopted children The Researcher wants to critically analyse it’s origin, types, legal proceedings and it’s case law to get a clear view about child custody in Indian law.
