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Legal Clarity · 08

Children & Parenting

How are care, custody and support thought about when parents separate?

The picture

Courts approach children through welfare, not parental victory. Living arrangements, visitation, decision-making and financial support can be structured and revisited as children and circumstances change.

Where it applies

Guardianship and personal-law rules vary. A child's age, needs, safety and existing care pattern matter.

Questions people ask

The law behind these answers

Statutes & sections, linked to the official source.

  • Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 144

    India Code

    Maintenance of wives, children and parents

    Provides a summary maintenance route for specified wives, children and parents who are unable to maintain themselves, subject to the statute.

  • Guardians and Wards Act, 1890 · Section 17

    India Code

    Matters to be considered by the court

    Directs attention to the minor's welfare and the statutory considerations in appointing a guardian.

  • Guardians and Wards Act, 1890 · Section 7

    India Code

    Power of court to make order as to guardianship

    Allows the court to make guardianship orders for a minor's person, property or both.

  • Hindu Adoptions and Maintenance Act, 1956 · Section 20

    India Code

    Maintenance of children and aged parents

    Addresses maintenance obligations toward children and aged or infirm parents.

  • Hindu Marriage Act, 1955 · Section 26

    India Code

    Custody of children

    Allows courts to make interim and final arrangements for custody, maintenance and education of children.

  • Hindu Minority and Guardianship Act, 1956 · Section 13

    India Code

    Welfare of minor to be paramount consideration

    Makes the minor's welfare the paramount consideration in specified guardianship decisions.

RelaSense Legal Clarity provides reviewed general information for India, not legal advice for your specific situation. For decisions affecting safety, money, housing, children or legal rights, consult a qualified advocate.

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