Report No. 257
Reforms in Guardianship and Custody Laws in India
| Contents |
| Chapter I |
Background to the Report |
|
Background to the Report |
| A. |
Historical Evolution |
| B. |
"Best Interest of the Child" in International Human Rights Law |
| C. |
Joint Custody |
| D. |
Summary of Responses received by the Commission |
| E. |
The Present Report |
| Chapter II |
Legal Framework Governing Custody and Guardianship in India |
|
Legal Framework Governing Custody and Guardianship in India |
| A. |
Statutory Law |
| (i) |
Guardians and Wards Act, 1890 |
| (ii) |
Hindu Minority and Guardianship Act, 1956 |
| (iii) |
Hindu Marriage Act, 1955 |
| (iv) |
Islamic Law |
| (v) |
Parsi and Christian Law |
| B. |
Judicial Interpretations |
| (i) |
Superior Position of the Father |
| (ii) |
Indeterminacy of the Welfare standard |
| Chapter III |
The Concept of Joint Custody |
| A. |
International Approaches to Joint Custody |
| B. |
Joint Custody in India |
| C. |
Reasons for Adopting Joint Custody in India |
| Chapter IV |
Mediation in Child Custody Cases |
|
Mediation in Child Custody Cases |
| A. |
Current Legal Framework for Mediation in India |
| B. |
International Approaches to Mediation in Child Custody |
| Chapter V |
Considerations for Deciding Child Custody Cases |
|
Considerations for Deciding Child Custody Cases |
| A. |
Factors to Consider for the Best Interest Standard |
| B. |
Determining the Preference of the Child |
| C. |
Access to Records of the Child |
| D. |
Grand-parenting Time |
| E. |
Mediation |
| F. |
Relocation |
| G. |
Decision Making |
| H. |
Parenting Plan |
| I. |
Visitation |
| Chapter VI |
Summary of Recommendations |
|
Summary of Recommendations |
| A. |
Amendments to the Hindu Minority and Guardians Act, 1956 |
| 1. |
Section 6(a) and Section 7 |
| B. |
Amendments to the Guardians and Wards Act, 1890 |
| 1. |
Section 17,19,25 |
| 4. |
Insertion of new Chapter IIA |
| a. |
Objectives of the chapter |
| b. |
Applicability of this chapter |
| c. |
Definitions |
| d. |
Award of custody |
| e. |
Power to pass additional orders |
| f. |
Mediation |
| g. |
Child support |
| h. |
Guidelines |
| Annexure I |
The Hindu Minority and Guardianship (Amendment) Bill, 2015 |
| 1. |
Short Title |
| 2. |
Amendment of Section 6 |
| 3. |
Substitution of New Section for Section 7 |
| Annexure II |
The Guardians and Wards (Amendment) Bill, 2015 |
| 1. |
Short Title |
| 2. |
Amendment of Section 17 |
| 3. |
Amendment of Section 19 |
| 4. |
Substitution of New Section for Section 25 |
| 5. |
Insertion of New Chapter |
| "Chapter IIA |
Custody, Child Support and Visitation Arrangements |
|
Objectives of the Chapter |
|
Applicability of this Chapter |
|
Definitions |
|
Award of custody |
|
Power to pass additional orders |
|
Mediation |
|
Child support |
| Schedule |
Guidelines for Custody, Child Support and Visitation Arrangements |
| I. |
Factors to be Considered for Grant of Joint Custody |
| II. |
Determining Preference of the Child |
| III. |
Access to Records of the Child |
| IV. |
Grand-Parenting Time |
| V |
Mediation |
| VI. |
Relocation |
| VII. |
Decision Making |
| VIII. |
Parenting Plan |
| IX. |
Visitation |
