Legal Articles

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.

The Satish Ahuja v. Sneha Ahuja judgment expanded the meaning of a “shared household” under the Domestic Violence Act, allowing residence claims in certain properties owned by a husband’s relatives, including parents. This article examines how that interpretation can affect senior citizens’ property rights, peaceful possession, eviction proceedings, and protection under the Senior Citizens Act, while highlighting the need to balance women’s residence rights with the dignity and security of elderly homeowners.