Custody of Child under Christian Law

 


The Christian laws do not have any special mention about child custody rights. Hence the Indian Divorce Act, 1869, becomes applicable for all matters pertaining to Christian children and their guardianship. As per Section 41 of this said Act, the courts have the right to pass orders as to the custody, education and maintenance of Christian children.

Beside it Guardians and Wards Act, 1890 is a secular law regulating questions of guardianship and custody for all children within the territory of India, irrespective of their religion. The welfare of the child is only criteria for deciding  the custody of the child although the act consider father as first guardian  of the child.

“An order of custody of minor children either under the provisions of the Guardians and Wards Act, 1890 is required to be made by the court treating the interest and welfare of the minor to be of paramount importance. Sheoli Hati v. Somnath Das, (2019) 7 SCC 490

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