Divorce Lawyer in Sanpada, Navi Mumbai

In India, child custody after divorce is not automatically given to either parent. The Family Court decides custody based on the child’s best interest, considering factors like the child’s age, emotional bond, education, financial stability of parents, and overall welfare.

• For children under 5 years, custody is often awarded to the mother.

• For older children, the child’s preference may be considered under judicial discretion.

The court can award:

• Physical custody (daily care)

• Legal custody (decision-making rights)

• Joint/shared custody

This applies under laws such as:

• Hindu Minority and Guardianship Act, 1956

• Guardians and Wards Act, 1890

• Special Marriage Act, 1954 (for interfaith or civil marriages)

Mothers seeking custody should demonstrate:

• Emotional bonding with the child

• Capability to provide a stable home, education, and medical care

• Clean legal record and absence of negligence

Even if the mother is unemployed or earning less, courts do not deny custody solely on financial grounds. Maintenance for the child can be ordered from the father. Legal provisions mothers can rely on include:

• Section 6 of the Hindu Minority and Guardianship Act

• Section 125 CrPC for maintenance

Working with a family lawyer strengthens the case with medical, school, and emotional evidence.

Child maintenance is the financial support one parent (usually the non-custodial one) is ordered to pay for the upbringing of the child. This includes:

• Schooling & tuition

• Medical needs

• Food, clothing, shelter

• Extra-curriculars

The amount is decided based on:

• Income of both parents

• Child’s needs

• Lifestyle before separation

Applicable laws:

• Section 125 CrPC (criminal maintenance)

• Section 20 of Hindu Adoptions and Maintenance Act

• Section 36 of the Special Marriage Act

In 2025, digital documentation of income (bank statements, ITRs) is often required during court proceedings.

When a child is older than 5, Indian courts no longer apply the “tender years” doctrine in the same way. Both parents are considered equally eligible. Courts assess:

• Emotional environment

• School continuity

• Willingness of the child (especially above age 9)

• Stability of the household

Judges may speak directly with the child in chambers to assess their preference before awarding custody. Joint custody or liberal visitation is encouraged in 2025 to reduce trauma from the split

A child’s property rights are independent of divorce. Children, whether born in wedlock or out of wedlock, retain:

• Right to parental ancestral property under Hindu law

• Right to share in self-acquired property if specified in a will

In case of death of either parent, the child becomes a Class I heir under:

• Hindu Succession Act, 1956

• Muslim inheritance laws (if applicable)

However, divorce does not give the custodial parent any claim over the other parent’s property through the child unless legally passed on via succession.

In mutual divorce, both spouses agree on custody terms before filing. The court requires:

• A written custody agreement (filed with divorce petition)

• Confirmation that both parties understand the custody terms

• Provision for visitation or joint parenting if agreed

The Family Court at Belapur or any jurisdictional court will review and confirm the agreement is in the child’s best interest. Even in mutual consent cases, the court has authority to reject unfair custody arrangements.