1) For minor custody is with mother however later on a father can apply for visitation and custody of child as per HMG act.
Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated. Guardianship Under Hindu, Muslim, Christian And Parsi Laws: Under the Hindu Minority and Guardianship Act, 1956, S. 4(b), minor means a person who has not completed the age of eighteen years.
2) The HMG Act postulates that the custody of an infant or a tender aged child should be given to his/her mother unless the father discloses cogent reasons that are indicative of and presage the livelihood of the welfare and interest of the child being undermined or jeopardized if the custody is retained by the mother. Section 6(a) of the Act, therefore, preserves the right of the father to be the guardian of the property of the minor child but not the guardian of his person whilst the child is less than five years old. It carves out the exception of interim custody, in contradistinction of guardianship, and then specifies that custody should be given to the mother so long as the child is below five years in age. The court said that the Act placed the onus on father to prove that it was not in the welfare of the infant child to be placed in the custody of mother and HC order virtually nullifies the spirit of the enactment. The Act immediately provides that the custody of a minor who has not completed the age of 5 years shall ordinarily be with the mother. The use of the word 'ordinarily' cannot be over-emphasized. It ordains a presumption, albeit a rebuttable one, in favour of the mother.