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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


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