• Child custody

My daughter is 1 year old. My husband and I are both Hindu. Both are individually capable of taking care of the child, financially. Both have our respective parents to support as needed. My husband will fight for full custody of child which I do not agree with. She is just a year old. However she is not breastfed anymore. Are there chances that he can win full custody?
Asked 4 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

Welfare of child is paramount consideration 


2) custody of child is generally awarded to mother 


3) mother lap is regarded as god cradle 


4) husband would get visitation rights 

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

-  As per law, even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.

- The mother is the preferred custodial parent when the child is less than five years old. The opinion of a child who is over nine years old will beconsidered.

- Hence, being mother of baby child , you are the only & fit to get full custody legally. 

- Further, to win sole physical and legal custody , you should show , the court that awarding you custody is in the best interests of your child due to factors such as your existing relationship with the child, stability of the home life you provide,  inability of the father to meet the child's needs; father's lack of involvement in day to day need of a baby child.


Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13541 Answers
201 Consultations

5.0 on 5.0

See at this small age the court shall not grant him full time custody though court may grant him visitation right.

Even the law prescribes that child.below 5 should generally reside with mother.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Custody of child rest with mother only, father have visitation rights. And up to 5 years of age, mother have vested right of child custody. 

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

No,  mother is the best caretaker of her child than father. Anyway he will not get custody of girl child but yes he can get a visitation rights.

Ganesh Kadam
Advocate, Pune
12940 Answers
256 Consultations

4.9 on 5.0

The welfare of the child is the paramount consideration. Even though the father is considered a natural guardian, but in this case I believe, its hard that the court will give him the custody of the child.


Hari Om.

Aditya Khamparia
Advocate, Jabalpur
8 Answers

Not rated

As per law the child shall remain inits biological mother's custody till it attains 5 years of age, hence his child custody at this stage may not be maintainable, he would  be disappointed as the case filed by him may be  dismissed on merits.


T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0


NO , the courts are more inclined to grant custody to the mother.


Swarupananda Neogi
Advocate, Kolkata
2965 Answers
6 Consultations

4.7 on 5.0

You can seek custody but he will get visitation rights for sure

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

Ordinarily the courts do not uproot a child below the age of 5 years from his mother as mother remains the natural guardian of the child until he attains the age of 5 years, but if father has been able to prove that he is in a better position to secure and promote the welfare of child then he can get the custody.


Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Madam,

Since the child is infant the custody will be with mother, unless proven that she is not able to take care of the child. The custody will go to mother irrespective of who files for divorce.

You have to apply to the court to get the custody of the child in that event court will fix time to meet child and the case will be further proceeded. Generally the custody of the child up to the age of five remain with the mother . After evidence the court will decide to whom the custody of the child paramount consideration is welfare of the child who can look after the child in better way so go ahead file the applications for custody of the child the application will be filed in the court where child resides don't file a case at the wrong place in that event after so much exercise the case will be dismissed for want of jurisdiction


For appointment of any person as guardian, the court shall consider the welfare of the minor. The welfare of the child is determined neither by the economic affluence nor a deep mental or emotional concern for the well being of the child. The answer depends on the balancing of all these factors and determining what is best for the child’s total well being and thus there are numerous occasion wherein Supreme Court has allowed father to retain the custody of child.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

 any child below 5 years of age remains in the custody of mother and father can claim the custody only in case where he have very strong ground to take the child with him and mother is not capable of maintaining her child physically as the maintenance of the child is the responsibility of the father and he has to provide financial support as needed to maintain the child and for the education sofa now you need not to worry about the claim of the guardianship as Section 5 of the Hindu guardianship and wards act provides provision in your favour after the 5 year age of the child will have to prove that you are capable of taking care of the child even if you are not taking care of the financial need of the child for that purpose you have to file maintenance case now under section 125 CRPC for the maintenance of the child which will include the education and other maintenance expenses and it will also help you to keep the custody of the child even after five years of the age so at this point of time it is a advisable to file maintenance case for the child maintenance.

 please rate the answer if you like it

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

custody of a minor who has not completed the age of five years shall ordinarily be with the mother. your husband get only visitation rights. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No chances of him getting full time custody are very vague because till 5 years of age of child court is of view that custody of child should remain with mother. 

After that only if mother is incapable of taking care of child or cruel towards her child then only court will give custody to father. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

This is my response to you:

1. The mother is the natural guardian of the child till the age of 5 years;

2. You must refer to some judgments;

3. The father can get only partial custody after 5 years;

4. Consult a local lawyer, discuss full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer