Chapter

Right to Parental Care: Custody and Guardianship

Asha Bajpai

in Child Rights in India

Second edition

Published in print September 2006 | ISBN: 9780195670820
Published online October 2012 | e-ISBN: 9780199082117 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195670820.003.0003
Right to Parental Care: Custody and Guardianship

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This chapter deals with the custody and guardianship of children. Custody is the right to the physical presence of the child. It is noted that the law of guardianship and custody of minors is governed by the Guardians and Wards Act 1890 (GWA), the Hindu Minority and Guardianship Act 1956 (HMGA), the unmodified Muslim law of custody and guardianship, and the personal laws of Hindus, Parsis, and Christians. In the family court, the principles of law, the conscience of the community, and the social sciences must work together. An analysis of some major reported judicial decisions has been done in this chapter . Rulings granting custody are influenced by poverty, character adultery, immorality, religion, sex, age, abandonment, remarriage, wishes of parents and children, and nearness of kin. It is also mentioned that courts rested the issue of custody solely on the welfare of the child.

Keywords: custody; guardianship; children; Guardians and Wards Act 1890; Hindu Minority and Guardianship Act 1956; judicial decisions; religion; remarriage; age

Chapter.  23923 words. 

Subjects: Human Rights and Immigration

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