Men Rights India

  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts
You are here: Home » Child support and custody is shared by both parents in Hindu Family Law

Child support and custody is shared by both parents in Hindu Family Law

11 Mar 2010 By videv Leave a Comment

There is a common perception that custody of child goes mostly to mother because that is the law.  Or child support is to be borne by man because that is the law.  Actually nothing could be farther from the truth (or law).  It is just that most of the court cases lead to primary child custody being granted to mothers, and child support being paid by fathers.  But the law especially Hindu Family law is gender-neutral in both aspects.  It is only on case by case basis that a decision can be made about both custody and child support.

👉(Read Online eBook): How to Fight and Reduce Maintenance under CrPC 125 and DV Act 👈

👉(Read Online eBook): Alimony and Maintenance under Hindu Law👈

The bare acts say that Custody and maintenance of children are to be shared by
both parents as per HMA and HAMA. CrPC 125 is the only one solely laying
responsibility of maintenance child on man. (Because it does not apply to
woman) .

About maintenance of children:
1. HMA Sec 26 is about custody, maintenance, and education of children. It does
not talk anything about which parent has more responsibility with regards to
anyone of the above topics. So it is neutral to both parents based on bare
reading, leaving aside judgments and precedents.

2. HAMA Sec 20 talks about Maintenance of children and aged parents. This
section again does not say that the duty lies only with man, it is also neutral.
Regarding parents claiming maintenance from daughter there is a citation
Kirtikant D Vadodaria v. State of Gujarat, 1996 4 SCC 479. This means
Hindu daughter cannot escape from maintenance to parents, so to extend further
Hindu mother cannot escape from maintenance to children.

About custody (guardianship of person) of children:
1. Sec 24 of GWA 1890 states responsibilities of the guardian of person of ward:
————-
GUARDIAN OF THE PERSON
24. Duties of guardian of the person: A guardian of the person of a ward is
charged with the custody of the ward and must look to his support, health and
education, and such other matters as the law to which the ward is subject
requires.
————-

Above means that whichever parent has custody /guardianship of ward have to
maintain and spend for education of ward.

Sec 13 of HMGA 1956 states welfare of the minor to be of paramount consideration
for appointment of any person as guardian of child.

————-
13. Welfare of minor to be paramount consideration

(1) In the appointment or declaration of any person as guardian of a Hindu minor
by a court, the welfare of the minor shall be the paramount consideration.
————-

So given that only CrPC 125 lays down man to support child (who has no means), and
none of the other laws say anything to debar man from shared custody of child,
based on bare acts both child custody and maintenance as per
Hindu laws is to be shared by both parents.  The proportion of maintenance can
be worked out based on respective incomes of parents but that is a later point.

If both parents are staying not far away from each other so there are
no travel problems for child etc; shared child custody and shared maintenance is
both practical, as per laws, and in best interests of the child which are of
paramount consideration as per Sec 13 of HMGA (which overrides GWA 1890).

READ:  RTI Learning -- Tutorials, Guides, Templates

Links to Free eBooks

1. Download my free PDF eBook Surviving the Legal Jungle

2. Read this FREE eBook written by fathers involved in child custody issues (Read Online) (PDF book)

3. How to Fight and Reduce Maintenance under CrPC 125 and DV Act (Read Online)

Links to Paid eBooks/Books


1. How to Fight and Reduce Maintenance under CrPC 125 and DV Act (Digital eBook) (Print Paperback)

2. Self-study Book on Divorce for Men (Digital eBook Only)

3. Alimony and Maintenance under Hindu Law (Digital eBook) (Print Paperback)

Related Posts

  1. Child support and custody is shared by both parents in Hindu Family Law
  2. Foreign courts’ jurisdiction cannot be denied in family cases
  3. NRIs having children beware of abusive spouse
  4. Strategy for Child Custody for Men

Filed Under: Uncategorised Tagged With: Child Support, Child_Custody_Visitation, Commando Gyan, CrPC 125

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Call Men Rights India numbers For 498A/406/Dowry Case/DV/Maintenance/child custody-visitation/abusive-wife/false cases, CALL volunteers' phone lines (for quick guidance only):
(Be respectful to volunteers, & we don't advise on divorce)

1. Kannada/Hindi/English: +919738010456
2. Tamil/English: +919962514226

Join our WhatsApp/Facebook groups for FREE guidance/discussion

Join Our Telegram Channel for FREE updates

Social

Facebook
Twitter
YouTube
Instagram

Search this website

Important/Must Read/Permanent Posts

  • How to assess your false case and marriage breakup probability
  • How to take action against police or magistrate for 498A arrest without following CrPC 41 41A?
  • Why Indian men should be very careful in filing divorce
  • What to do if CAW cell/police/advocate is putting pressure to compromise
  • Innocent until proven guilty is the law, use it!
  • Advice to men on 498a, maintenance, DV, divorce, child custody, what else
  • How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases
  • How to fight false cases of DV, Maintenance, CrPC 125, 498a etc
  • How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Notes and questions on court procedures
  • What should be my stand in court?
  • Understanding the divorce industry in India

Book: How to Fight and Reduce Maintenance under CrPC 125 and DV Act


👉(Read Online eBook)👈
(Buy Print book)
(Buy Digital eBook)
(Information about the Book)

Today’s Popular Posts

  • Advice to women on IPC 498a, DV case, maintenance,…
  • How to file objections/written statement to…
  • How to complain against judges of trial courts, High…
  • Section 41, 41A, 41B of CrPC which govern arrest by…
  • How to handle allegation of impotence by wife
  • Why Indian men should be very careful in filing divorce
  • Basic Cross-examination techniques in matrimonial…
  • Procedure of CAW (Crime against women) cell
  • Advice to men on 498a, maintenance, DV, divorce,…
  • About the book: How to Fight and Reduce Maintenance…

Tags

498A Activism Arrest Child Support Child_Custody_Visitation Commando Gyan Commando Strategy Commando Techniques CrPC CrPC 125 Cruelty Divorce Domestic Violence Industry Dowry DV Act Judgments Evidence False Case False Rape Family Law Feminazis Feminist Figures Feminist Propaganda Fight Back HC Judgment Hindu Marriage Act HMA 24 Law Making Law Misuse Laws Legal Info live-in Maintenance Marriage Men Rights NCW NRI Police Press Release PWDVA(DV Act) Rape RTI SC Judgment Supreme Court WCD Women Reservation Bill

The Benefits of Reading Men Rights India!

before reading MRI
Before


after reading MRI
After

email: I am facing false DV case. I love your blog. It really have me boost to fight this case and I feel so happy that you guys are doing such a commendable work.


comment: Your survey is 100 % true. whatever is written in this blog matches more than 90 % of my marriage life situation.


comment: The Article is really great, it’s actually happening in my life. whatever is mentioned here is the tactics are used by my wife and still going on….


comment: This is a very good article, and some points mentioned here are the real reasons males are threatened to shell out the maintenance amount


comment: This document is very help for me,becoise i am sufring for false dowry case and fiting for them.so thank for to u.


comment: The web content is very useful for its diversity and especially for atrocities committed upon men, emitting a clarion call for them to rise and defend their rights and hood.


comment: Thanks you People doing very may allah grant you Success. Ameen.


comment: This is very helpful. Thanks a lot. Your work is really a morale booster..
Search judgments at Bharat Law
Read judgments at Bharat Law
IPC 498A Judgments
IPC 406 Judgments
DV Act Judgments
CrPC 125 Judgments
Child Custody Judgments

Author on Facebook

Vivek Deveshwar

Free eBook: Surviving the Legal Jungle

Surviving-the-Legal-Jungle-Cover-Image

Featured Posts

Bad lawyer/Bad liar, what you gonna do?

2 Nov 2009 By videv Leave a Comment

My editor, my rapist

30 Nov 2013 By videv 1 Comment

NRI husband gets wife in police lock-up under Sec 66A of Information Technology Act

14 Jan 2015 By videv Leave a Comment

False rape by model against Mumbai DIG Sunil Paraskar falls flat

5 Aug 2014 By videv 1 Comment

Email addresses of Lok Sabha members

23 Mar 2010 By videv 1 Comment

Equality for Men – Myth or Reality?

Download IMD handbook
Download IMD handbook

Recent Comments

  • videv on How to get Provident Fund (PF) details of wife
  • Raghu on How to get Provident Fund (PF) details of wife
  • videv on How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • P2 on How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Child visitation monitor New Haven on Strategy for Child Custody for Men

RSS Feeds

  • All Posts
  • DV Act Judgments
  • Maintenance CrPC 125 Judgments
  • 498A Judgments

Archives

Copyright © 2009-2021 · Vivek Deveshwar · Privacy Policy
  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts