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Quick Answer
Child custody applications are filed before the Family Court under the Guardians and Wards Act 1890. The personal law of the parties (Hindu, Muslim, Christian, Parsi, or SMA) overlays statutory considerations. The Supreme Court has consistently held that the welfare of the child is paramount (Rosy Jacob v. Jacob A. Chakramakkal, AIR 1973 SC 2090). Modern Family Court orders typically grant sole physical custody to one parent with structured visitation rights to the other, joint legal custody for major decisions (schooling, medical, passport), and child-support obligations on the non-custodial parent.
Statutory reference
Guardians and Wards Act 1890
Related practice areas
Custody disputes in India are decided primarily under the Guardians and Wards Act 1890 (and personal-law overlay). Welfare of the child is the paramount consideration; sole-physical-custody-with-visitation is the most common outcome.
Child Custody is governed by Guardians and Wards Act 1890. Child custody applications are filed before the Family Court under the Guardians and Wards Act 1890. The personal law of the parties (Hindu, Muslim, Christian, Parsi, or SMA) overlays statutory considerations. The Supreme Court has consistently held that the welfare of the child is paramount (Rosy Jacob v. Jacob A. Chakramakkal, AIR 1973 SC 2090). Modern Family Court orders typically grant sole physical custody to one parent with structured visitation rights to the other, joint legal custody for major decisions (schooling, medical, passport), and child-support obligations on the non-custodial parent.
Child Custody falls under Family & Matrimonial. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — the first consultation is free.