child custody laws and UCC in india
It must not overemphasise the point of biological ties and must also consider the rights of adoptive, single, surrogate and even LGBT parents there is a need to think beyond polygamy and divorce and other such issues At a time when the government may bring in a Uniform Civil Code (UCC) by holding a special session of Parliament on September 18-22, 2023, there is a need to think beyond polygamy and divorce and other such issues. Custody laws in india 1 The Guardians and Wards Act, 1890 considers the welfare of the child as the prime consideration in the determination of custody. 2 Section 6 of the Hindu Minority and Guardianship Act, 1956 declares the father as the natural guardian and ‘after him’ the mother; the mother would ordinarily have custody till the child attains five years of age. 3 The person would lose custody if she/he ceases to be Hindu. 4 In Githa Hariharan (1999), the Supreme Court of India held that...