Child custody cases – Hindu Law – Important provisions from Guardians and Wards Act, 1890, Hindu Marriage Act, 1955, Hindu Minority and Guardianship Act, 1956

Did you know that there are 3 different laws each of which have provisions governing custody of children when it comes to Hindus? The oldest law is the Guardians and Wards Act, 1890, which has provisions with regard to the appointment/ declaration of persons as a guardian, and also with respect to Court directions to return a child to his/her guardian. Subsequent laws such as the Hindu Minority and Guardianship Act, 1956, paves way for defining who the natural guardian of a child is,.. whereas the Hindu Marriage Act, 1955, provides the Court hearing any petition under the Act of 1955, with the power to make interim/final orders with respect to the custody (also maintenance and education) of such children.


If you are interested to read a well-researched, detailed article comparing the above laws and provisions, and giving you an interesting perspective of custody cases, you can purchase the June 2024 Edition of the Lawyers’ Society Digital Law Magazine, for just Rs. 50/-.

You can also watch the same in video form on our Youtube channel:

CHILD CUSTODY CASE – IMPORTANT PROVISIONS INTERPRETED – GWA, 1890 – HMA, 1955 – HMGA, 1956 (PART 1)

Child custody under Hindu Marriage Act, 1955 – PART 2 #DelhiHighCourt #UttarakhandHighCourt