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Child custody disputes are governed by various laws and principles that prioritize the welfare and best interests of the child. The primary statutes are the Hindu Minority and Guardianship Act, 1956, the Guardians and Wards Act, 1890, and personal laws relevant to different communities.
1. **Best Interests of the Child**: Indian courts prioritize the child’s welfare above all else. This principle, derived from Article 21 of the Indian Constitution and international conventions, guides custody decisions.
2. **Right to Access and Visitation**: A child has the right to maintain relationships with both parents, barring any specific concerns about safety or well-being. Courts often grant visitation rights to the non-custodial parent to ensure the child maintains a bond with both parents.
3. **Parental Responsibilities**: Custody decisions consider each parent’s ability to provide emotional, physical, and financial support. The court examines the home environment, parenting skills, and the child’s preference if the child is deemed mature enough to express a view.
4. **Legal Guardianship**: Under the Guardians and Wards Act, a court-appointed guardian may be appointed if both parents are unfit to care for the child.
Overall, Indian law aims to protect the child’s rights by ensuring that custody arrangements serve the child’s best interests and provide stability and care.