Showing posts with label s 26 of Hindu marriage Act. Show all posts
Showing posts with label s 26 of Hindu marriage Act. Show all posts

Friday, 15 December 2023

What factors the court should consider while passing an order for custody of minor child?

    S 26 of Hindu Marriage Act :-  Custody of children:- In any proceeding under this Act, the court may from time to time pass such interim orders and make such provisions in the decree as it deems fit just and proper with respect to custody, maintenance and education of minor children, consistently with their wishes, where ever possible.

When a judge is tasked with deciding an order for custody of a minor in a family court, they must consider a range of factors to determine what is in the best interests of the child. The primary guiding principle in such cases is the welfare and well-being of the child. The judge typically considers the following factors while making a custody determination:
  • 1) Child's Best Interests: The paramount consideration is the best interests of the child. The judge will assess how various custody arrangements may promote the child's physical, emotional, and psychological well-being.

  • 2) Child's Age and Preference: The child's age and maturity are significant factors. Older and more mature children may have their preferences considered, but the judge will ultimately determine if those preferences are in the child's best interests.

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