• Child Custody: Under Hindu Marriage Act

  • Child Custody Under The Hindu Marriage Act, 1955

    During Pendency Of Case Before The Court

    Either party to the Matrimonial Litigation, i.e. the wife or husband, can apply to the Court, where their Case is pending, for the custody of their child/ children. The concerned Court may pass, from time to time, such interim orders and make such interim provisions with respect to the Custody, Maintenance and Education of their child/ children as it deemed fit, just and proper in the given facts and circumstances of the Case, also keeping in mind the wishes of the Child/ Children.    

    At The Time Of Passing Of Final Decree/ Judgment

    The Court may make such provisions in the final judgment/ decree passed in the proceedings under the Hindu Marriage Act, 1955, as it may deem just and proper with respect to the Custody, Maintenance and Education of minor children, consistently with their wishes.

    Modification & Alteration of Orders Passed By The Court Vide Final Decree/ Judgment

    Either party to the Matrimonial Litigation, i.e. the wife or husband, can apply to the Court for Modification & Alteration of Orders Passed by the Court Vide Final Decree/ Judgment.  The Court, after hearing the parties, may modify, alter, revoke, suspend or vary any such order(s) and provision(s) previously made in           its Final Order/ Judgment/ Decree, with respect to the Custody, Maintenance and Education of such children, in line with the change in the facts and circumstances of the Case.

    The captioned subject is complex by its very nature. We, therefore, always encourage our visitors & Clients to seek an independent legal advice by our empanelled lawyers. In such Cases, our lawyers devise most appropriate legal recourse for our Clients after examining the related provisions of law, i.e The Hindu Marriage Act, 1955, Other relevant Acts & Judgments and Citations of the Hon’ble Supreme Court Of India and the High Courts.  Even otherwise, the question as to how to apply the laws, judgments and citations is rather more complex, as it involves a thorough examination of substantial laws, procedural laws and Court precedents in a given set of facts and circumstances.

    Kindly CLICK HERE or e-mail us at office@hellocounsel.com if you are facing any Matrimonial Issue- Civil or Criminal, and wanted to have Legal Consultations with the empanelled Lawyers at Hello Counsel.    

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