The right divorce to be considered

The right divorce to be considered

The most important and complex issue in the case of a divorce is ‘Child Custody’. Both husband and wife, use custody of the child as a medium to uphold the guilt and mistakes of others.
In India, the Guardian and Wards Act, 1890 is empowered to determine the issue of child custody.

 

Generally, the court has the authority to provide the following:

(a) Permanent Custody

(b) Temporary care

(c) Visit Rights

(a) Permanent Custody

The court provides permanent custody after determining all aspects of the case. Typically, the main criterion is “child welfare”.

When determining ‘child welfare’, the court primarily considers the following factors:

I. Qualifying father and mother.

ii. Family background of father and mother, which includes their financial and academic qualifications

I, I, I. Children’s wishes

iv. Doing the parties

The overall development of the child.

(b) Temporary care

The court granted the right of temporary detention during the occupation given the overall development of the child. While providing temporary custody, the court tries to maintain a balance between husband and wife and also remains cautious so that the child is not treated as a shuttlecock between an estranged couple.

The court also imposes certain conditions for the welfare of children such as not leaving the country without notifying the courts, to protect the interests of others.

(c) Visit Rights

The court grants visitation rights at two stages, at the stage of the trial, and after the determination of disputes (divorce in most cases). Once one partner has permanent custody, another spouse has the right to meet with the child once a week or as ordered by the Court. The object of the trial is to maintain the emotional bond between the child and the parent.

Conclusion

In the marriage process, the court must decide the question of child custody during the preliminary hearing and after the decision. The court may revoke, suspend or alter, any preceding orders concerning a change of circumstances. When prosecuting a child’s custody, the court must maintain the welfare of the child. Although the court also considers other factors, child welfare is very important. Usually, in the case of custody of girls, the court grants custody to mothers at the age of puberty, girls need maternal care. Thus, above, above, child welfare is an influential factor when determining custodial rights.