Child Custody in Favour of Father

Matrimonial cases are emotionally attached with relationship but situation cannot divert. Divorce proceeding creates various issues including child. As we know, when couples are ready to get divorce in the court then they have to decide about their chid that who will take care of care of the child. Getting the custody of the child while having dispute in marriage, would strengthen the relationship of a person with the infant. Child Custody involves the responsibility of caring for the child and making decisions about their upbringing, including their education, health, and well-being. In cases where the parents are separated or divorced, child custody determines which parent has the right to make decisions for the child and where the child will live. Custody can be granted to one parent or shared between both parents, depending on the circumstances. While, the process of involving in the court proceeding is not easy however you need support of Child custody lawyer and Aman Chawla is the best Child custody lawyer in Delhi. What is the process of child custody in the court?

Legal custody gives a parent the right to make important decisions about the child's upbringing, such as their education, food, and medical care. While determining custody, the court will consider several factors, including the child's best interests, the relationship between the child and each parent, and the ability of each parent to provide for the child's needs. The court may also consider the child's preferences, depending on their age and maturity. If the parents cannot agree on custody arrangements, the court may intervene and make a decision based on the evidence presented during a court hearing or trial. The court's decision will be binding and enforceable, and both parents will be required to comply with the court's order. For that you can get help form the best child custody lawyer in Delhi.

Act related to child custody

Pertaining to the regulation and issues involving child custody and guardianship in India, regardless of the religion the child belongs to. There are various law and act you can find regard to child custody. As India is a secular nation so there are various act and regulation process for every citizen based on their religion. Best divorce lawyer in Delhi help to make a proper legal arrangement in this case.

Custody under Hindu Law- The rules pertaining to Hindu law, namely Section 26 of the Hindu Marriage Act of 1955, Section 38 of the Special Marriage Act of 1954, and the Hindu Minority and Guardianship Act of 1956, outline the changes and guidelines put in place for requesting child custody.

• Section 26 of Hindu Marriage Act 1955- This Section cover the basic need of child like the maintenance, education and caring of a child and validates the child's custody if both the parents follow Hindu religion.


• Section 38 of Special Marriage Act 1954- The Section validates the child's custody if both the parents belong to different religions or have undertaken a court marriage.


• Hindu Minority and Guardianship Act 1956- According to this Act, only biological parents who have a minor kid who is a Hindu have the right to apply for custody of such child.

Child custody in favour of father

In cases where the court grants child custody in favour of the father, it means that the court has determined that it is in the child's best interests to live primarily with the father. The court may have considered several factors, such as the father's ability to provide a stable and safe home environment, his relationship with the child, and the mother's ability to provide for the child's needs.  Father can get child custody with the help of best child custody lawyer in Delhi.

Process of Child Custody for Fathers

As we know, many time mother takes benefits of caring their child  after separation of husband and wife. But father has also right to get this benefits as similar to what mother do for their child. Custody battles for fathers can occasionally be challenging. Many moms and other members of society still hold this outdated belief, despite the fact that the majority of courts have rejected it. Yet, in certain situations, a father may be able to establish any of the grounds stated below to get partial or even sole custody of a child. No one is regarded as a better carer in India than a mother. This is regrettably not always the case. Even though the mother is given priority when it comes to custody, the father may also get custody in the following circumstances with the help of best child custody lawyer in Delhi:

• The father may be given custody of the child if the mother agrees to give it up.


• The child will be given to the father if the mother is unable to care for them.


• The court will grant it to the child if he is 13 years old or older and expresses a wish to live with his father.


• If the mother has a poor reputation and this could endanger the child, the father is given custody.


• If the father can show both his financial capability to provide for the child's needs and the mother's financial incapacity, which will have an effect on the child's upbringing in the future.


• The child's upbringing will be in jeopardy if the father can demonstrate that the mother's past is dubious and that if the child stays with her, their mental and physical development will suffer.


• If the mother has a criminal record, the father will be granted custody of the child and we make it possible because of the effort of our child custody lawyer.

Child custody cases where the father gets custody

Cases are optimistically process by act and judgement of the court. There are some judgement passes by court regarding child custody in India. Child custody lawyer nearby me help to maintain a proper arena in legal process.

• In the case of Kalyan Roy v. Priyanka Roy, the wife, the petitioner who requested child custody moved out as a result of claimed domestic abuse from her husband. In the incident where the mother left the house, the father was here taking care of the child. He was handling all of her costs by himself. The girl additionally refused to accompany her mother. In this case, the father was given custody by the court because it was in the child's best interest. Yet, the wife was given visitation rights.



• Sharli Sunitha v. Dr. D. Balson case are also associated with child custody, in this case, the wife had moved the child to live with her aunt because her husband was allegedly misbehaving frequently. Her husband's actions had reportedly caused her emotional suffering and illness. In this case, the wife's claims did not hold up in court, and the judge ruled that her decision to leave on spurious grounds had jeopardised the best interests of the kid. Hence, the father was given custody.

Looking for best child custody lawyer nearby me

In the court proceeding you need to take support from the lawyer who have experienced and knowledge in the case related to the child custody. The matrimonial lawyer firm run by Advocte Aman Chawla is the best option for you because he has the best child custody lawyer in Delhi, who have long year of experience in this field. Child custody lawyer help to find out and resolve the cases in short period of time.