Essay On Child Custody
INTRODUCTION
Marriage is a union of two humans. More often than not marriages result in children. Some might even say reproduction is main aim and objective of the union through marriage. Parents take immense care of their children; they put them on a pedestal and dedicate their entire lives to the upbringing of their children.
But what happens in cases of divorce? When parents have exceeded their threshold and divorce is inevitable the settlement of child custody is very important. When we use the term ‘custody’ we must understand its legal meaning. Custody of a child, when parents divorce, only implies as to who the child will physically reside with . Both parents continue to be natural guardians. The custodial parent will be the primary
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” But a mother is not handed child custody when she shows signs of negligence in the care of the infant due to her lifestyle, etc.
By saying that older children are given the choice of custody the court does not neglect the welfare of the child aspect. Even though the courts believe that male children of age sixteen years and above and female children of age fourteen years and above should not be compelled to live in a custody they dislike it is also important that this factor alone cannot determine the custody of the children. This is because in Venkataramma v. Tulsi the court found that the wishes of the children are found to be induced by persuasion and even torture in some cases.
Other than these, in certain exceptional cases it is noted that the custody of minor children may be granted to third persons if that is what the welfare of the child requires. In Baby v. Vijay , granting custody of two minor children to their maternal grandfather, the court observed that, “even if the father is not found unfit, custody might be given to a third person in the interest of welfare of the child. ”
CUSTODY UNDER MUSLIM
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