Chapter18 Hindu Law Custody & Property

*Video Overview: Child Custody & Maintenance (Hindu Law)* Based on excerpts from "Family Law: Hindu Law" by Paras Dhawan (Chapter 18) #### *I. Introduction & Governing Law* The primary focus of post-divorce proceedings concerning minors is finding adequate solutions for their custody, education, maintenance, and access [1]. *Key Statute:* Section 26 of the Hindu Marriage Act, 1955 (HMA) is the main governing provision [2]. *Duration of Orders:* Orders regarding the child usually remain in force until the child attains the age of eighteen years (majority) [2-4]. #### *II. Custody Principles* The *welfare of the child* is the first and paramount consideration for the court when making orders for custody, education, and maintenance [5-7]. *Custody for Tender Years:* The custody of a child below the age of five years shall *ordinarily* be with the mother [8-10]. *Judicial Interpretation:* Indian courts often treat custody narrowly, typically meaning **care and control**, as legal guardianship usually remains vested in the father so long as he is alive [11]. *Factors Considered:* Courts examine the wishes of the child (where possible), wishes of the parents, age and sex of the child, and the child's moral, religious, and physical well-being [2, 5, 6, 12]. *Access:* Non-custodial parents are typically granted access rights to ensure the child benefits from association with both parents, provided this arrangement serves the child's welfare [13]. #### *III. Maintenance and Education* Courts have the power to pass orders for both interim and permanent maintenance and to make provisions for the child's education [2, 14]. *Primary Obligation:* The father holds the primary obligation to maintain the children, but the mother must contribute if the father has insufficient means [14]. *Extension:* While maintenance usually ends at majority, it can be continued beyond 18 years in exceptional cases, such as when the child is engaged in higher education [14]. ***