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Custody Of Children

Personal Law of the parties decides who the natural guardian and custodian of children are. To alter the legal position, it is to be shown that he or she is not the fit person to hold the child. Welfare and wellbeing of the child is the paramount consideration to determine the custody of the children.The conduct and behavior of the parties, love and emotional attachment, willingness to sacrifice are some of the basic things to be considered.

Normally in tender age (upto 7 years) permanent custody is given to the mother. Court can decide the custody solely based on the factors leading to the welfare of the child; But when child is between 7 and 12 the wish of the child may be considered by the court. When the child is above 12 years the wish of the child has to be considered by the court.