Custody is governed by a combination of secular and personal laws:
a) Guardians and Wards Act, 1890 (applies to all)
b) Hindu Minority and Guardianship Act, 1956 (for Hindus)
c) Muslim, Christian, Parsi personal laws (vary by religion, as they have different personal laws and traditions)

Following are the laws governing child custody in India:-

1. Guardians and Wards Act, 1890-
Applies to all religions; courts decide custody based on child’s welfare.

2. Hindu Minority and Guardianship Act, 1956-
For Hindus; special provisions for custody, prioritizing child’s best interests.

3. Hindu Marriage Act, 1955 (Section 26)-
Allows custody orders during/after divorce for Hindus.

4. Indian Divorce Act, 1869 (Section 41)-
For Christians; custody, maintenance, and education orders.