1. Filing of Petition
Filed under the Guardians and Wards Act, 1890 or relevant personal law (e.g., Hindu Minority and
Guardianship Act).
Can be filed by either parent or a guardian in the Family Court.
2. Jurisdiction
Petition is filed where the child ordinarily resides.
3. Notice to Other Party
Court issues notice to the other parent/guardian.
4. Reply & Hearing
Respondent files reply.
Both parties present evidence and arguments.
5. Welfare of the Child
Court considers best interest of the child – education, emotional well-being, age, etc.
Child’s wishes may also be considered if mature enough.
6. Interim Custody/Visitation
Court may grant temporary custody or visitation rights during proceedings.
7. Final Order
Court grants custody (legal/physical), visitation, and may order maintenance.
The process for child custody cases generally involves filing a petition with the court, attending hearings, and potentially a trial if the parents cannot reach an agreement. The court will ultimately make a decision based on the child's best interests.
Please login to submit an answer.