Understanding Child Custody Laws in India: Who Gets Custody of Girl Child in Divorce Cases?


Under Indian law, the custody of a girl child in a divorce case is decided on a case-by-case basis, taking into account the best interests of the child. There is no presumption that the mother will automatically get custody of the child, but courts generally favour placing the child with the primary caregiver.

The following factors are considered by courts when deciding custody:

  • The age of the child
  • The child's physical and emotional needs
  • The child's relationship with each parent
  • The child's preferences (if they are old enough to express them)
  • The ability of each parent to care for the child
  • The stability of each parent's home environment
  • Any history of abuse or neglect

In many cases, courts will order joint custody, where both parents share legal and physical custody of the child. In other cases, courts may order sole custody to one parent, with the other parent having visitation rights.

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