Guardianship: If both parents are found not fit to rear the child, then custody is given to guardian such as grandparents, uncle, aunts, step parents, or even a close friend or relative under special circumstances.
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No. There is no hard and fast rule nor there is any automatic transfer of custody of child. Mostly, women in India divorce because the husband is inflicting mental and/or physical cruelty on them, or is of unsound mind, or has some incurable illness like leprosy, or is cheating on them, or is absconding. In all such cases, it is almost impossible to grant child custody to the husband due to safety and the best interest of the child.
Also, if the child is below 5 years of age, then under the Hindu Minority and Guardianship Act, 1956, the court usually grants custody to the mother because the baby still needs mother’s affection and care. But, this too has exceptions, if the mother is of unsound mind and other such reasons.
Every religion has different child custody laws. For example, in Muslim religion, a mother gets custody of her son only upto seven years of his age and of daughter until she reaches puberty. In Hindu religion, it is different. If the father wants to fight for custody, he must have a good lawyer by his side, file an application in the court, and prove his grounds.
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