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Child Custody In India: Legal Complexities And Contemporary Dilemmas




Akanksha Ghorpade, ILS Law College, Pune


ABSTRACT


Child custody is a complex and sensitive issue, often shaped by legal, emotional, economic and societal factors. This paper explores the various facets of child custody, with central focus on Indian context, addressing gender bias, religious personal laws, visitation rights, and other relevant issues. Historically, custody laws have been gender-biased, reinforcing traditional gender roles. However, courts are increasingly stressing on a more balanced approach, emphasizing the child's best interests rather than outdated gender norms.


Religious personal laws, visitation rights, particularly in contentious divorces, are vital for maintaining the child's relationship with both parents. Parental-child abduction, both domestic and international, remains a pressing concern, requiring stricter enforcement of legal protections. There’s a need to adapt the legal system to the changing nature of society and the convoluted problems arising before courts.


Keywords: Custody- physical, legal, joint, interim, third-party; personal laws- Hindu, Muslim, Christian, Guardians and Wards Act, 1890; Best- interest of the child; gender bias; visitation of parent not holding custody; alienation; inadvertent notions of “bad” parent in child’s mind; parental abduction; cross-border abduction; Hague convention; Law Commission reports; Rape & POCSO; LGBTQIA+.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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