Child Custody Laws in India

Child Support & Child Custody Laws in India.

The draft law proposing amendments to guardianship and custody laws has proposed that courts be empowered to fix an amount specifically for child support which could be continued up to the age of 18 years and may be extended till 25 years, and a lifetime in case of a child with mental or physical disability.

Child support is one of the most important forms of alimony or spousal support post divorce. As child support is for the benefits of the child both the parents are expected to take the initiation to make proper provisions on child support alimony. In a contested divorce the receiving parent must make it a point to claim a good amount from his or her spouse as the sum of money for child support is solely concerned with the welfare of the child.


Power of the court to make order as to guardianship

Where the court is satisfied that it is for the welfare of a minor that an order should be made in India, Maintenance to children and child support governs by section 125 of Code of criminal procedure, 1973 and religious laws.  One regardless of any religion, who has been denied of these things, may initiate the maintenance proceedings under section 125 against such responsible person who is of negligent towards his family members. For Hindus, the male child entitled to financial support from the parent receiving the maintenance till he completed 18 years of age, and for girl child, the support is extended till she gets married under Hindu Adoption and Maintenance Act

Personal law governs the child support for Muslims.  Apart from that under Section 125 of Cr. P.C., father should maintain the Muslim minor child if conditions required under Section 125, Cr.P.C., are satisfied.

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