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). Child custody is decided based on principle of paramount welfare of the child.  Mostly both parents are ill-advised by lawyers to ask for full custody of the child, and given  impracticality of such an arrangement the primary custody normally goes to mother with visitation rights for the other parent.  If the parents decide to have shared custody of child the courts cannot by law overrule such an arrangement. So it results that in most court cases the primary custody of child goes to mothers, and child support being paid by fathers.  But the law especially Hindu Family … [Read more...] about Child support and custody is shared by both parents in Hindu Family Law

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. 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 … [Read more...] about Child support and custody is shared by both parents in Hindu Family Law