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Under the Protection of Women from Domestic Violence Act, 2005, a wife or woman in a qualifying domestic relationship may have a right to reside in a shared household even without owning the property or having a legal title to it. However, this right is not the same as ownership and depends on the facts of the domestic relationship and residence. Courts may grant residence orders and protection against unlawful dispossession, while balancing these rights with the property rights and circumstances of other family members.

During divorce proceedings in India, child custody is decided primarily on the welfare and best interests of the child, rather than an automatic preference for either parent. Courts may grant physical custody, joint or shared parenting arrangements, interim custody, and visitation rights depending on the circumstances. Factors such as the child’s age, emotional needs, education, safety, existing relationship with each parent, stability, and sometimes the child’s own preference can influence the court’s decision.

A mother in India does not automatically need the father’s consent every time she travels or relocates to another city with the child. Whether relocation is permissible depends on the existing custody arrangement, court orders, visitation rights, and, above all, the child’s welfare and best interests. If a court order restricts relocation or specifies custody and visitation arrangements, it must be followed or modified through the court. Relocation that seriously affects the child’s stability or relationship with the other parent may also lead to a custody dispute.

Filing a child custody case in Delhi requires approaching the competent Family Court or District Court and showing that the requested arrangement serves the child’s best interests and welfare. Depending on the circumstances, custody may be sought under the Guardians and Wards Act, 1890, along with interim custody or visitation. The petition should clearly address jurisdiction, existing custody arrangements, the child’s needs, proposed care, and supporting documents such as birth certificates, school and medical records, residence proof, and previous court orders. tripakshalitigation.com

A father who does not have primary custody of his child can seek visitation rights to maintain a meaningful parent-child relationship. Depending on the case, relief may be sought under the Guardians and Wards Act, 1890, the Domestic Violence Act, 2005, and applicable matrimonial or personal laws. Courts may allow physical meetings, video calls, holidays, overnight stays, or other arrangements, with the child’s welfare and best interests remaining the paramount consideration.

Child custody litigation in India is guided by the principle of the child’s welfare rather than parental entitlement. This article examines the key considerations in drafting an effective custody petition, highlighting the importance of clear pleadings, relevant evidence and practical arrangements that protect the child’s best interests.