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Family & women · LEGAL ISSUE GUIDE

Child Custody / Family Relief

बच्चे की कस्टडी

Find selected provisions concerning custody in matrimonial and domestic violence proceedings.

Understanding this legal issue

Find selected provisions concerning custody in matrimonial and domestic violence proceedings.

The best interests of the child and the correct statutory forum require fact-specific review. This starter collection does not cover every guardianship statute.

Key question: Is this part of a matrimonial, DV or separate guardianship proceeding?
SELECTED PROVISIONS · NOT AN EXHAUSTIVE LIST

Core remedies

Hindu Marriage Act 26

Custody of children

Addresses certain child-related custody, maintenance and education orders in matrimonial proceedings.

Official law source ↗

Related remedies

BNSS 144

Order for maintenance of wives, children and parents

Magisterial maintenance procedure with eligibility and related provisions.

Earlier-law reference: CrPC 125 · orientation only
Official law source ↗
DV Act 23

Interim and ex parte orders

Enables interim and ex parte relief in appropriate cases.

Official law source ↗

Rights

Article 21

Protection of life and personal liberty

Protects life and personal liberty, subject to procedure established by law and constitutional interpretation.

Official law source ↗
Article 21A

Right to education

Addresses free and compulsory education for children in the specified age group.

Official law source ↗
Before relying on these references: Read the full official law, check sub-sections, schedules, exemptions, dates, special Acts, transition rules and current judicial interpretation. Mentioning a section here does not mean it applies to every fact pattern.