Custody battle (facts) : Aarya vs Prashant

Today's episode are quite really interesting phase...👍🏼

Since we are heading for Ansh custody battle, let me share you some facts about what I've read from some article regarding the Laws for Child's Custody which somehow related to the story.

2 TYPES OF CUSTODY:

Legal custody means that either parent can make decisions which affect the welfare of the child, such as medical treatments, religious practices and insurance claims.

Physical child custody means that one parent is held primarily responsible for the child's housing, educational needs and food. In most cases, the non-custodial parent still has visitation rights.

Since in India there are many religions therefore we have many personal laws. Thus in the matter of child custody we follow the personal laws of their respective religions.

HINDU LAW:
The Hindu Minority and Guardianship Act 1956 (HMGA) and Guardians and Wards Act 1890 (GWA).
The Hindu Minority and Guardianship Act, 1956 contains a provision which lays down that custody of a child upon the age of 5 years should ordinarily be with the mother.

MUSLIM LAW:
In Muslim Laws the custody of a child is given to the mother. This right is called as right of hizanat. But it is not an absolute right; it is made in the interest of the child. The custody can be given to the father if the mother is disqualified by the provisions of the law.

CHRISTIANS LAW:
There is no separate Act for the custody of the child in Christians. Therefore they follow the Indian Divorce Act, 1869, applicable to all the religions.

Uniform Child Custody Jurisdiction and Enforcement Act

"Abandoned" defined. "Abandoned" means left without provision for reasonable and necessary care or supervision

"Child" defined. "Child" means a person who has not attained 18 years of age.

"Child custody proceeding" defined.

1. "Child custody proceeding" means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue.

2. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which the issue may appear.

"Home state" defined. "Home state" means:

1. The state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months, including any temporary absence from the state, immediately before the commencement of a child custody proceeding.

2. In the case of a child less than 6 months of age, the state in which the child lived from birth, including any temporary absence from the state, with a parent or a person acting as a parent.

"Person" defined. "Person" means any of the following:

1. A natural person.

2. Any form of business or commercial entity and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, limited-liability company, association, joint venture, business trust, estate, trust or unincorporated organization.

3. A government, a political subdivision of a government, or an agency or instrumentality of a government or a political subdivision of a government.

1. Has physical custody of the child or has had physical custody of the child for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and

2. Has been awarded legal custody by a court or claims a right to legal custody pursuant to the law of this state.

*Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent.

So, for Ansh case, Aarti and Prashant both have the hand for the custody.

I just hope CVs will pay full attention to this issue according to what the law implies so that people can relate and may be aware on what real life issue is.

Who do you think will win the battle for Ansh custody, is it Aarti-Yash or Prashant??

Will CVs go for the real life issue or go for the sake of drama (like what happened to Paridhi's case)??

Let's wait and see.. 😳

(article courtesy of: http://www.indianchild.com and http://www.leg.state.nv.us/NRS/NRS-125A.html)

Originally posted by: yamunah79

very good post...hope cv take all this in their count😉

Originally posted by: sara1990

I really hope Yash and Aarti gets the custody...