“Challenging the Status Quo: The Fight for Fathers Rights in Child Custody Cases in India”
Child Custody for fathers:
In India, fathers has the same rights to child custody as a mother. The custody of a child is determined based on the best interests of the child, and the court will consider the rights and interests of both parents when making a custody decision. In general, the court will consider factors such as the child’s age and gender, the emotional and physical health of the parents, and the child’s relationship with each parent when deciding custody.
If the parents are unable to agree on custody arrangements, the court will make a decision based on the best interests of the child. Therefore, a father can get child custody in India if the court determines that it is in the best interests of the child. It is important to note that the custody arrangements can be modified in the future if the circumstances of the parents or the child change.
Child Visitation Rights
In India, parents who do not have custody of their child have the right to visit the child, unless the court determines that it is not in the best interests of the child. The non-custodial parent usually gets visitation rights, although grandparents and siblings may too.
The court will determine the frequency and duration of the visitation based on the best interests of the child. The court considers the child’s age and gender, the parents’ mental and physical health, and the child’s relationship with the non-custodial parent when making visitation plans.
If the parents can’t agree on visitation, the court may appoint a guardian ad litem or order supervised visitation. The court can also modify the visitation arrangements in the future if the circumstances of the parents or the child change.
If the court doesn’t think it’s in the child’s best interests, non-custodial parents can visit in India. The court will determine the specific visitation arrangements based on the best interests of the child.
There are several case laws in India that grant child custody rights to fathers. Some of the Important cases are:
1. Gaurav Nagpal vs. Sumedha Nagpal: In this case, the Delhi High Court ruled that a father can have custody of a child if he can provide a better upbringing and if it is in the best interests of the child.
2. Durga Shankar Mehta vs. Rani Akoi Mehta: In this case, the Supreme Court of India ruled that the custody of a child should be given to the father if the mother is found to be unfit or incapable of taking care of the child.
3. Lokesh Kumari vs. Hari Prakash: In this case, the Supreme Court of India ruled that a father has equal rights to custody of a child, regardless of the child’s age or gender.
4. Rajesh Sharma vs. State of U.P: In this case, the Allahabad High Court ruled that a father has an equal right to custody of a child and that the court should not discriminate on the basis of gender when making a custody determination.
5. Mani Shankar vs. State of West Bengal: In this case, the Calcutta High Court ruled that a father has the right to custody of a child, even if the parents are not married.
6. Ramesh Bhai Dabhai Naika vs. State of Gujarat: In this case, the Gujarat High Court ruled that a father has an equal right to custody of a child and that the court should not discriminate on the basis of gender when making a custody determination.
Indian courts recognise father’s equal right to custody and will consider the child’s best interests when making a custody decision.
Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.
