Apni Law Staff asked 7 months ago
We are a Christian family. Our daughter eloped and married a young man when she was just 19. They got married in Ulhasnagar according to Hindu rituals, but their marriage certificate only mentions Hindu law. Their marriage hasn’t been easy, and they’ve been going through a divorce case in Kalyan court since 2011.
During this time, our daughter started living separately with another man. Sadly, our 6-year-old granddaughter is now living with us. Her father is understandably worried about his daughter and wants to take custody. We’re concerned about what will happen to our granddaughter after the divorce. Who will get custody of the child?
Best Answer
Apni Law Staff answered 7 months ago
Under Indian law, the court will prioritize the child’s welfare when deciding custody. The father’s right to custody will be considered, but the court will also assess the child’s relationship with both parents, their living conditions, and the overall best interests of the child. The court can also order access rights for the other parent, even if they don’t get custody.
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