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Home › Find an Advocate › Child custody

In a custody case the court is not deciding which of you is right

Every other dispute you will ever have is decided by working out who is in the wrong. A custody matter is not. The court has been given one question — what is best for this child — and the law says so in terms: Section 17 of the Guardians and Wards Act, 1890 requires the court to be guided by the welfare of the minor, and Section 13 of the Hindu Minority and Guardianship Act, 1956 makes it the paramount consideration. Parents arrive with the case they have been rehearsing for two years — who left, who lied, who earns what — and discover that almost none of it is being asked about. This page is about the case that is being asked about.

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Who gets custody of a child in Delhi, and what does the court look at?There is no category of parent that wins. Indian law gives the court a single test: the welfare of the child. Section 17 of the Guardians and Wards Act, 1890 directs the court to be guided by what appears to be for the welfare of the minor, and Section 13 of the Hindu Minority and Guardianship Act, 1956 makes the welfare of the minor the paramount consideration — above any right a parent has. The Supreme Court said in Nil Ratan Kundu v. Abhijit Kundu (2008) that a custody matter is not a question of the rights of the parents at all. Three things follow. First, the arguments parents rely on most — who was at fault in the marriage, who earns more, whose family is larger — carry far less than they expect, while the child's school, health, routine and settled surroundings carry far more. Second, there is a starting position for a very young child: Section 6(a) of the 1956 Act says custody of a child below five shall ordinarily be with the mother, and "ordinarily" means a strong starting point, not a closed rule. Third, custody, guardianship and access are three different things, and knowing which one you are asking for changes the petition. The court will also try settlement before it tries the case, and a written parenting plan that both parents can live with is almost always a better outcome for the child than a decided one.

What this page covers

  1. If you are reading this in the middle of it
  2. The one question the court is answering
  3. What parents think decides it, and what actually does
  4. Custody, guardianship, access — three different things
  5. Which law applies to you
  6. The child under five, and what Section 6(a) really says
  7. “After him” — what the Supreme Court did with it
  8. What “welfare” has meant in practice
  9. Whether the child is asked, and how
  10. Joint custody — what the law actually provides
  11. Interim custody, and why the first order matters so much
  12. Access is the child’s right, not the visiting parent’s
  13. Turning the child against the other parent
  14. Handovers, and the small things that wreck them
  15. Which court, and the shortcut that usually fails
  16. Why the court sends you to a counsellor first
  17. Can parents simply agree?
  18. What a parenting plan should actually contain
  19. Money for the child is a separate question
  20. School records, and the paperwork fights
  21. Passports, and taking the child out of India
  22. If the child is already in another country
  23. When the order is not being obeyed
  24. Why the police are usually the wrong door
  25. Grandparents and other relatives
  26. Unmarried parents, and a child born outside marriage
  27. Step-parents, adoption, and what actually changes
  28. A child with particular needs
  29. The evidence that helps, and the evidence that backfires
  30. Mistakes that cost parents their case
  31. Being realistic about what a court can give you
  32. What to collect before anybody drafts
  33. Our part in a custody matter
  34. What we decline in a custody matter
  35. If you cannot afford an advocate
  36. What we charge, said up front
  37. Questions people ask

If you are reading this in the middle of it

Most people open a page like this on a bad evening, usually within a day or two of something happening — a child not returned after a visit, a message saying you will not be allowed to see them, a notice from a court, or the moment in a separation when somebody first says the word custody out loud. So the practical part comes first and the law afterwards.

What to do this week, in this order

  • Write down the child’s actual routine — school hours, who does the drop and pick-up, tuition, doctor, bedtime, who the child spends weekends with. Write it as it has been for the last year, not as you would like it to be. This one document does more work in a custody matter than anything else you will produce.
  • Decide what you are asking for — custody, guardianship, or access. They are not the same and they are not asked for in the same way.
  • Start a dated diary of contact: every meeting, every call, every refusal, one line each, no adjectives. Begin it today even if the dispute is a year old.
  • Collect the child’s papers — birth certificate, school records, medical file, vaccination card, passport if there is one. Photocopy everything and keep the set somewhere the other parent cannot reach.
  • Do not involve the child. Not to explain, not to reassure, not to ask what they want, and above all not on a recording. The reasons are set out below and they are not moral advice — it is the fastest way to lose.
  • Speak to an advocate before you take any step that changes where the child lives. Moving a child first and asking later is the single most common self-inflicted wound in these matters.

The whole page in four lines

The court answers one question — the welfare of the child — and not the question of who was right. Custody, guardianship and access are three separate things, and asking for the wrong one wastes months. A very young child has a starting position under Section 6(a), but it is a starting position and not a rule. And the arrangement two parents write down themselves, in detail, is almost always better for the child than the one a court has to impose on them.

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The one question the court is answering

The statutes are unusually direct about this. Section 17 of the Guardians and Wards Act, 1890 says that in appointing or declaring the guardian of a minor the court shall be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor. Section 13 of the Hindu Minority and Guardianship Act, 1956 goes further and says that in the appointment or declaration of any person as guardian the welfare of the minor shall be the paramount consideration — and that no person shall be entitled to act as guardian by virtue of any provision of that Act or of any law relating to guardianship in marriage if the court is of opinion that it will not be for the welfare of the minor.

Read that second half again, because it is the sentence people skip. It says that a legal entitlement can be set aside where the welfare of the child requires it. The Supreme Court applied exactly that in Gaurav Nagpal v. Sumedha Nagpal (2008), holding that the statutory right of a parent yields to the welfare of the child; and in Nil Ratan Kundu v. Abhijit Kundu (2008) it said that in custody matters the court is not deciding a question of the rights of parents at all. The oldest statement of it is Rosy Jacob v. Jacob A. Chakramakkal (1973), where the Court observed that children are not property to be divided between two claimants.

Nothing on this page is more useful than that idea, because it re-sorts every argument you were planning to make. A fact helps you if it tells the court something about the child’s life. It does nothing for you — and sometimes actively harms you — if it only tells the court something about the other parent’s character. That is not a rule about being fair. It is a description of what the court was given jurisdiction to decide.

What parents think decides it, and what actually does

This table is the argument of the page in one place. The left column is what people put in their first draft; the right column is what the court is actually weighing.

What the parent leads withWhat weight it really carries
Who was at fault in the marriageLittle, unless the conduct bears on the child — violence in the home, addiction, neglect
“I earn more, I can give a better life”Limited. The other parent’s income is addressed through maintenance, not by moving the child
“It is my legal right as the father/mother”A factor, and expressly subordinate to welfare under Section 13
A large joint family, a bigger houseRelevant only as part of the child’s actual care arrangement, not as a comparison of assets
Recordings and messages proving the other parent said something uglyUsually neutral, often counter-productive, and damaging where the child was recorded
Who the child says they want to live withConsidered where the child is old enough, under Section 17(3) — and discounted where it looks coached
The child’s school, health, routine and settled surroundingsHeavily. This is the case.
Which parent has actually been doing the daily caringHeavily, and it is provable from third-party records
Which parent keeps the other informed and does not obstruct contactIncreasingly, and courts say so explicitly

If your draft petition is mostly the top half of that table, it is a divorce petition wearing a custody petition’s clothes. Every experienced family advocate has the same first conversation with a new client, and it consists of moving material from the top half to the bottom half.

Custody, guardianship, access — three different things

These get used interchangeably in conversation and they are not interchangeable in a petition.

WordWhat it meansWhere it comes from
GuardianshipLegal authority over the minor — and, separately, over the minor’s property. The power to consent, sign and deal on the child’s behalfGuardians and Wards Act, 1890; Hindu Minority and Guardianship Act, 1956; personal law
CustodyDay-to-day care and control — where the child lives, who runs the child’s lifeThe same Acts, plus Section 26 of the Hindu Marriage Act inside a matrimonial case
Access or visitationThe contact the parent who does not have custody has with the childCourt’s power under the welfare jurisdiction; recognised as the child’s right

The consequences of the distinction are practical. A parent can hold guardianship and not have custody, which is why a school or a passport office may still require the other parent’s signature even though the child lives with you. A parent can have custody and still be unable to take a decision alone. And a parent with neither still has a claim to access, because access is understood as belonging to the child rather than to the adult who is asking for it.

When you first speak to an advocate, say which of the three you actually want and why. “I want custody” is very often, on examination, “I want the child to keep living with me and I want to stop being cut out of school decisions”, which is a different and much easier case to run.

Which law applies to you

Two statutes and a personal law usually sit on the same table.

LawWho it coversWhat it does here
Guardians and Wards Act, 1890General — applies across communitiesThe machinery: appointing a guardian, custody of a ward, interim orders, and the welfare direction in Section 17
Hindu Minority and Guardianship Act, 1956Hindus, Buddhists, Jains, SikhsNatural guardianship in Section 6, the position for a child under five, and welfare as paramount in Section 13
Personal lawMuslim, Christian, Parsi familiesSets the starting position on guardianship and on the mother’s custody in the early years; the 1890 Act still supplies the procedure
Hindu Marriage Act, Section 26Where a matrimonial case is already pendingLets the same court pass custody, maintenance and education orders for the child, and vary them later
Domestic Violence Act, Section 21Where a DV application is filedAllows a Magistrate to grant temporary custody, with visitation to the other parent
Family Courts Act, 1984Delhi and everywhere a Family Court existsSection 7 gives that court the jurisdiction; the Act also requires it to attempt settlement first

Whichever of them brings you into the building, the deciding test does not change. Personal law and the 1956 Act tell the court where to start. Welfare tells the court where to finish. That is the reason two families of different faiths, with identical facts, generally get the same answer.

The child under five, and what Section 6(a) really says

This is the single most misquoted provision in Indian family law. Section 6(a) of the Hindu Minority and Guardianship Act provides that the natural guardian of a Hindu minor boy or unmarried girl is the father, and after him the mother — with the proviso that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.

Two words carry the whole thing. Ordinarily means it is the normal outcome, not an automatic one; it can be displaced where welfare requires, and Section 13 says welfare is paramount over anything else in the Act. And custody is not guardianship — the proviso is about where the very young child lives, not about who holds legal authority.

What this means in practice is that a father contesting custody of a two-year-old is arguing against a strong starting position and needs something real to displace it, while a mother relying on the proviso alone should know that it is a starting position and not the end of the matter. Neither of those is a prediction about any particular case.

“After him” — what the Supreme Court did with it

The same Section 6(a) says the father is the natural guardian and “after him” the mother, and for decades that was read literally, as though a living father meant the mother could never act. In Githa Hariharan v. Reserve Bank of India, decided on 17 February 1999, the Supreme Court read “after” as meaning in the absence of — absence including indifference, or an arrangement by which the father has left the child’s affairs to the mother — so that the mother can act as the natural guardian.

Know the name of that case, because the older reading survives in offices long after it stopped being the law. It comes up when a bank wants a father’s signature on a minor’s account, when a school insists on the father for a form, and when an investment or insurance form has one box for the guardian. The judgment is the answer to all of those.

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What “welfare” has meant in practice

The statutes do not define welfare, deliberately, because the point of the test is that it is applied to this child rather than to children in general. From the way courts reason about it, these are the strands that recur.

What courts look at

  • Stability and continuity — the school the child is in, the friends, the neighbourhood, the routine. Disruption needs justifying.
  • Who has actually been doing the caring, and for how long. Not who says they will.
  • The age of the child, and for a very young child the starting position described above.
  • The child’s health and particular needs, and which arrangement meets them.
  • The child’s own preference, where the child is old enough to form an intelligent one.
  • The capacity and availability of each parent — not income, but whether the child will actually be looked after by that parent or by somebody else.
  • Whether a parent obstructs the other’s relationship with the child. This one has grown steadily in importance.
  • Keeping siblings together, unless there is a reason not to.
  • Safety — violence in the home, addiction, neglect, or anything else that puts the child at risk.

Notice what is not on that list: which parent is morally better, which parent the other family disapproves of, and which parent filed first. The list is also the reason a custody matter is won quietly, months before the hearing, by the parent who has been keeping ordinary records of an ordinary life.

Whether the child is asked, and how

Section 17(3) of the Guardians and Wards Act says that if the minor is old enough to form an intelligent preference, the court may consider that preference. There is no age written into the section, because the test is capacity rather than birthdays.

How it is done matters as much as whether. Judges commonly speak to a child in chambers, without either parent present and often without the advocates, precisely so that the child is not put in the position of choosing between two people in front of both of them. A child may also be seen by a counsellor attached to the court.

Two things follow for a parent. First, it is a factor and not a vote — the court is still deciding welfare, and a clear preference from an older child carries weight without being conclusive. Second, and more important: a preference that sounds rehearsed is worth less than nothing. Judges hear a great many children and are not easily persuaded by a nine-year-old using adult vocabulary about a parent. The coaching becomes the evidence.

Joint custody — what the law actually provides

Parents ask for this constantly, usually having read about it elsewhere, and the honest answer has two halves.

There is no statutory scheme of joint custody in India. The Law Commission of India examined the question and recommended a framework for joint custody and shared parenting in its 257th Report, in 2015. That recommendation has not been enacted. Anybody telling you that joint custody is your right under Indian law is describing a report, not a statute.

What does exist is a very wide discretion. Because the court is directed to do what serves the child, it is not confined to a choice between two households, and orders providing for genuinely shared parenting time — substantial periods with each parent, joint decision-making on school and health, structured holidays — have been passed. Overwhelmingly, though, those arrangements arrive because the parents proposed them, not because one parent demanded them. Which is the practical point: shared parenting in India is much more available by agreement than by litigation.

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Interim custody, and why the first order matters so much

Section 12 of the Guardians and Wards Act lets the court make an interim order for the custody and protection of the minor while the application is pending, and Section 26 of the Hindu Marriage Act allows the same inside a matrimonial case. In a DV proceeding, Section 21 of that Act allows a Magistrate to grant temporary custody with visitation to the other party.

Take interim orders seriously, for a reason that is rarely said out loud. Custody cases are not quick, and an arrangement that has run for a long time becomes an argument in itself — the child is settled, the routine works, disturbing it has a cost. The interim position therefore tends to exert a pull on the final one. That cuts both ways: it is why a parent who has been cut off should apply for access early rather than waiting for the main matter, and why a parent should not agree to a temporary arrangement they cannot live with on the basis that it is only temporary.

Access is the child’s right, not the visiting parent’s

This reframing is not a slogan; it is how courts approach it, and it changes what you should ask for. In Yashita Sahu v. State of Rajasthan (2020) the Supreme Court dealt with the child’s right to the love and affection of both parents, and recognised that where physical meeting is difficult, contact can be maintained by telephone and video call. A child is entitled to a relationship with both parents unless there is a reason touching the child’s safety or welfare to limit it.

So an access application is stronger when it is framed around what the child loses than around what the parent is being denied. And it is stronger still when it is specific: a day, a time, a place of handover, a video call at a fixed hour, an arrangement for holidays. Vague orders — “reasonable access”, “as mutually convenient” — are the single largest source of repeat litigation between separated parents, because every week becomes a negotiation and every negotiation becomes a fight.

Turning the child against the other parent

There is a name for it and courts now use it. In Vivek Singh v. Romani Singh (2017) the Supreme Court addressed parental alienation — the process by which a child in the care of one parent comes to reject the other — and treated it as a matter going to the child’s welfare rather than as an ordinary grievance between adults.

Parents who do this rarely think of it as doing it. It looks like answering the child’s questions honestly, or not hiding what happened, or letting the child decide. In the record it looks like a child who uses adult phrases, who reports events they cannot have witnessed, and who refuses contact for reasons that match one parent’s petition word for word.

  • Do not discuss the case, the allegations or the other parent’s conduct with the child, at any age.
  • Do not send messages to the other parent through the child, including about money.
  • Do not record the child, or coach the child for a meeting with a judge or counsellor.
  • Do not question the child after a visit. Children learn very fast what answer ends the questioning.
  • Do not make the child choose — about a birthday, a holiday or a weekend. That is your job, not theirs.

If you believe the other parent is doing this, the answer is to place the pattern before the court with dates, and to ask for counselling or a structured arrangement — not to respond in kind. Two alienating parents produce a record in which neither of them looks capable of putting the child first.

Handovers, and the small things that wreck them

A surprising proportion of contested access applications are, underneath, arguments about twenty minutes on a Sunday. The fixes are unglamorous and they work.

What a workable handover looks like

  • A fixed place, neutral and public, or the court’s own visitation facility where one is being used.
  • A fixed time, with a written rule about what happens if somebody is late — a grace period, and what follows it.
  • No discussion at the handover. Anything that needs saying goes in a message afterwards.
  • The child’s things, medicines and homework sent along, listed if necessary.
  • A single written channel between the parents, kept civil, because it will be read out one day.
  • Somebody else present if handovers have gone badly — not to argue, to exist.

Parents resist this level of formality because it feels cold. It is the opposite: it takes the weekly conflict off the child and puts it into a rule. Family courts in Delhi actively encourage arrangements of this kind and have facilities intended to make contact possible where the relationship between the adults cannot support an informal handover.

Which court, and the shortcut that usually fails

In Delhi a custody or guardianship matter ordinarily goes to the Family Court. Section 7 of the Family Courts Act, 1984 gives that court jurisdiction over guardianship of the person of a minor and over custody of and access to a minor. If a matrimonial case is already running between the same parents, custody can be dealt with in that case under Section 26 of the Hindu Marriage Act. Our Family Court page explains how that court is built differently from every other court you may have seen.

The shortcut people try is a writ of habeas corpus in the High Court, on the reasoning that the child is being wrongfully detained. Occasionally that is right. Usually it is not. In Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari (2019) the Supreme Court held that habeas corpus in a child custody matter is maintainable only in exceptional cases, and that the ordinary remedy lies before the guardianship court, where evidence can be led and the welfare question can actually be examined. A writ is decided on affidavits; a custody question usually cannot be. Filing the extraordinary remedy first often costs months and ends with being sent to the court you should have started in.

Where a genuine question of the child’s safety arises, or a child has been removed by somebody with no lawful right at all, the calculation is different and is for an advocate to make the same day.

Why the court sends you to a counsellor first

New litigants find this frustrating and it is not an administrative delay. The Family Courts Act requires the court to endeavour to assist and persuade the parties to arrive at a settlement, and family courts are equipped with counsellors for exactly that. In a custody matter the reason is more specific: a child does not benefit from an adversarial finding about their parents, and an arrangement both parents have agreed to is one both parents are likely to follow.

Use it properly rather than sitting through it. Go with a written proposal — days, times, holidays, decisions, contact — rather than with a position. Take the counsellor seriously even if you believe the other side will not. And understand the asymmetry: if mediation works you have an arrangement now, and if it fails you have lost very little, while having demonstrated that you came with a workable proposal. That is a good position to be in when the matter is argued.

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Can parents simply agree?

Yes, and it is usually the better outcome — but be clear about what an agreement is and is not. A private arrangement between parents does not take away the court’s jurisdiction over the child, because that jurisdiction exists for the child’s benefit and not for the parents’. A court can always be asked to look again at whether an arrangement is serving the child, and the welfare test applies to what the parents wrote just as it applies to everything else.

What an agreement does is different and still valuable. A specific, workable, reasonable arrangement demonstrates that both parents can put the child first, and courts give it real weight. Having it recorded by the court converts it into something with teeth. And, less obviously, writing it down forces the fifteen practical decisions that otherwise get fought over one at a time for years.

What an agreement cannot do is bargain away the child’s entitlements — an arrangement by which one parent gives up all contact in exchange for being released from supporting the child is not a bargain the court is bound by, in either direction.

What a parenting plan should actually contain

Most plans fail because they are short. Vagueness is not generosity; it is a promise of future argument. A plan worth writing covers all of this.

HeadWhat to settle in writing
Living arrangementWhere the child lives, and the regular pattern of time with each parent — named days, not “as convenient”
HandoverPlace, time, who does the travelling, what happens if somebody is late or the child is ill
SchoolWhich school, who pays what, who attends meetings, who signs forms, who the school contacts first
HealthRoutine decisions, emergency decisions, who is informed and how quickly
Festivals and holidaysNamed individually, including birthdays — the child’s and each parent’s — and school vacations
Contact between visitsCalls or video at a fixed time, and a rule that neither parent listens in or hurries them
TravelNotice before taking the child out of the city, and what is required before any travel abroad
InformationSchool reports, medical reports and any change of address or phone number shared within a fixed number of days
ReviewHow and when the plan is revisited as the child grows, and how a change is proposed
DisagreementWhat the parents do before either of them files anything — the counsellor, a mediator, a cooling period

None of that is legal drafting. It is thinking done in advance by the two people best placed to do it, at the one moment when they are both willing to. We draft these as a written arrangement when both parents are negotiating; where a wider family settlement is involved, a family settlement agreement may be the vehicle. Whether to have the terms recorded by the court is a question for your advocate, and the answer is usually yes.

Money for the child is a separate question

Parents fuse these two and the fusion damages both. Custody is about where the child lives. Maintenance is about the child being supported, and it is owed regardless of which parent the child lives with. A parent is not entitled to withhold contact because support has not been paid, and a parent is not entitled to withhold support because contact has been refused. Courts say this repeatedly and litigants keep doing it.

The framework for maintenance — who can claim, under which provision, and how an order is enforced — is set out on our maintenance page, and within a DV proceeding on the domestic violence page. Where income has to be proved or answered, the income affidavit is usually where it starts. This page prints no figures and no formula for the same reason it prints no timelines: they are decided case by case and anything printed here would be wrong for most readers.

School records, and the paperwork fights

A large share of post-separation disputes are conducted entirely through institutions, and school is the commonest battleground: a parent removed as the contact, a transfer done without telling the other, a name changed on the record, a parent refused the report card.

The practical points are these. A parent does not lose their standing with the school merely because the child lives with the other parent, and a court order dealing with school information is an ordinary thing to ask for. Moving a child’s school during a pending matter, without consent or leave, is treated seriously and is a common own goal. And where records are wrong — a misspelt name, a wrong parent’s name, a date that does not match the birth certificate — correct them through the proper route rather than in the middle of a dispute, because our page on correcting educational documents exists precisely because these corrections are slow and are needed at the worst moment.

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Passports, and taking the child out of India

Passport and travel questions for a minor are where an ordinary dispute becomes urgent, because what happens can be very hard to undo.

A minor’s passport application ordinarily engages both parents, and the passport authority has its own procedure for cases where one parent’s consent is unavailable or where custody is in dispute — including a route that requires a court order. Where a guardianship or custody matter is pending, the court has control: it can require its permission before the child travels, direct that a passport be deposited, or impose conditions on any trip.

  • If you have a real apprehension that the child will be taken abroad, apply immediately. This is one of the few situations where the same day genuinely matters.
  • Do not withhold the child’s passport informally as leverage. Ask the court to hold it.
  • Do not apply for a passport or a visa for the child without the other parent’s knowledge while a matter is pending.
  • Do not agree to a “short holiday” abroad on trust if you have concerns. Ask for return tickets, an address, and the court’s permission in terms.

If the child is already in another country

This is a specialist matter and this page will not pretend otherwise. Two facts set the frame. India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction. And in Nithya Anand Raghavan v. State (NCT of Delhi) (2017) the Supreme Court held that an order of a foreign court is one of the factors to be taken into account and is not binding on an Indian court — the welfare of the child remains paramount, and the court may decide the matter itself or order return, depending on what serves the child.

What follows for a parent is narrow and important: do not take a step, or sign anything, on the strength of what a foreign court order appears to require, and do not assume an Indian order will be enforced abroad as a matter of course. Engage somebody who has run one of these matters before, and do it before anybody buys a ticket.

When the order is not being obeyed

An order that is ignored is the commonest complaint on this subject, and the response people reach for is almost always the wrong one.

What to do instead

  • Go back to the court that passed the order. It has the power to enforce its own directions and to act on disobedience.
  • Produce a record, not a complaint. Dates, times, what was arranged, what happened. One line each. No adjectives, no history of the marriage.
  • Show that you complied. You turned up, you were on time, you sent the message. Courts notice which parent is behaving reasonably long before they decide anything.
  • Ask for something workable. Persistent breach is itself a change of circumstances, and the realistic ask is often a tightened arrangement — a different handover point, a supervised one, a fixed call time — rather than a punishment.
  • Keep going. Missing your own dates because the other parent missed theirs destroys the only advantage you had.

Why the police are usually the wrong door

A parent who is refused the child at the gate will often go straight to a police station, and it is worth saying plainly how that tends to end. A dispute between two parents about compliance with a court’s order is for that court. The police have no power to decide who should have custody, and an officer faced with two parents and one child will ordinarily do nothing beyond recording the complaint.

The legal position on taking a child from lawful guardianship exists — it is dealt with in the Bharatiya Nyaya Sanhita, as it was in the Penal Code before it — but it is aimed at removal by somebody without a right to the child, and a parent’s case is rarely made better by turning a custody matter into a criminal one. What it reliably does is harden the dispute, add a proceeding, and hand the other side something to say about your judgment.

The genuine exceptions are real and they should not be blurred: a child taken by somebody with no lawful right at all, or an immediate fear for the child’s safety. Those are for an advocate to assess on the day. Our FIR page explains what a police station can and cannot do, and our domestic violence page covers the protection route where violence is part of the picture.

Grandparents and other relatives

There is no separate statutory visitation right for grandparents in India of the kind some other systems have. What there is, is the same welfare jurisdiction, available on an application under the Guardians and Wards Act — and courts have accepted that continuing contact with a grandparent who has been a real part of a child’s life can serve the child’s welfare, particularly where a parent has died, is abroad, or is out of the picture.

Two practical notes. The application succeeds on what it shows about the child, not on the relationship’s title — the grandparent who did the school run for four years is in a different position from the grandparent who is asking on principle. And a grandparent should be careful about being used as a proxy in a fight between the parents, because that is usually visible from the papers and it damages the child’s actual interest along with the application.

Unmarried parents, and a child born outside marriage

The welfare test does not change and the machinery of the 1890 Act does not change. What changes is the record, and these disputes are fought through records more than most. The birth certificate, the school admission form, the hospital file and whatever was written on them years ago all become exhibits. Where an entry is wrong or incomplete, correcting it is slow, and it is far better done now than in the middle of a hearing.

Financial responsibility for a child does not depend on the parents having been married, and is a separate question from who the child lives with. Where paternity itself is in issue, that is a distinct proceeding with its own law, and it is not something to approach without advice.

Step-parents, adoption, and what actually changes

Marrying somebody does not make you the guardian of their child, and living with a child for years does not by itself create legal authority over them. That distinction surfaces at the worst moments — a hospital, a school form, a passport counter.

Adoption is a different thing altogether and it changes status rather than arrangements: a validly adopted child is the child of the adoptive parents in law. It is governed by its own statutory framework, with conditions about who may give and take in adoption and what consents are needed, and it is not a route for resolving a custody dispute between two living parents. Where a family is documenting an arrangement, our adoption deed page explains what that document does and, equally important, what it does not do. If the object is to give a step-parent authority for practical purposes, ask an advocate what instrument actually achieves that, because the common assumption is usually wrong.

A child with particular needs

Where a child has a disability, a chronic condition or particular educational needs, the welfare test does not get harder — it gets more concrete, and that is an advantage to whichever parent has actually been doing the work. Therapy appointments, school support arrangements, medical follow-up, the equipment at home and who has been organising all of it become the substance of the case rather than the background to it.

Two things are worth doing early. Put the child’s needs into a single written document — diagnosis-neutral, practical, what the child needs on a normal week — because the arrangement has to be built around it. And deal with any certificate or record the child is entitled to through the proper channel; our page on a disability certificate exists because these papers unlock school and scheme entitlements and take time to obtain.

The evidence that helps, and the evidence that backfires

HelpsBackfires
School reports, attendance records, fee receipts over timeRecordings of the child saying anything about a parent
Medical file, vaccination card, prescriptions, appointment recordsScreenshots of arguments between the adults
A dated contact diary kept unemotionallyLong accounts of the marriage and the in-laws
Messages showing you kept the other parent informedMessages you sent in temper, which arrive as a set
The child’s written routine, and who does which part of itSocial media posts about the case or the other parent
Evidence you offered contact and it was refusedEvidence gathered by following or watching the other parent

The pattern is not subtle. The left column is about the child and is produced by third parties. The right column is about the adults and is produced by the litigant. A parent who hands over a thick file of the second kind has told the court something about themselves that no submission can undo.

Which advocates actually take a contested custody matter work?Follow this and the filtering is done. Alphabetical order, because nobody here is ranked and nobody has bought a place.
a contested custody matter advocates

Mistakes that cost parents their case

  • Moving the child first and asking afterwards. Changing the city, the school or the home while a matter is pending, without leave, is the most damaging single act available to you.
  • Waiting. Letting six months pass without contact, and then complaining of being cut off, hands the other side the best argument they have — that the child is now settled without you.
  • Filing the divorce twice. A custody petition consisting of marital allegations tells the court nothing it was asked to decide.
  • Using contact and money against each other. Withholding either to obtain the other is seen for what it is.
  • Making the child the messenger, the witness or the judge.
  • Agreeing to a temporary arrangement you cannot sustain, on the basis that it is only temporary. It will run longer than you think and it will be pointed to.
  • Disappearing from the record — not attending the school meeting, not asking for the report card, not keeping the phone number current. It is the absence, not the reason for it, that appears in the file.
  • Not reading the order. People breach their own orders because they never read past the first paragraph.

Being realistic about what a court can give you

Two honest things, neither of which helps us sell anything.

The first is that a court cannot give you the arrangement you had before. It can decide where a child lives and when the other parent sees them, and it can enforce that. It cannot produce a co-parent who answers the phone pleasantly, and it cannot restore what the separation cost the child. Parents who go in expecting an outcome that undoes the past are disappointed by even a good order.

The second is that contested custody litigation is slow and it is conducted in front of the child, whatever anybody intends. Children register the tension, the missed handovers and the changed weekends even when nothing is said to them. That is the whole reason this page pushes so hard towards a written arrangement: not because agreement is noble, but because it is faster, it is cheaper, it is more durable, and the child pays a far smaller price for it.

There is a third thing, which belongs here rather than in the marketing. If what you need is contact, a settled routine and to stop being excluded from decisions, say that — and say it early, to a mediator. A very large number of these matters are fought to the end for an outcome that was available in the first month.

What to collect before anybody drafts

The child’s birth certificate. School records — admission form, report cards, attendance, fee receipts, and the name and address of the school. The medical file, including the vaccination record and anything about a continuing condition or therapy. Proof of the child’s address over time. Your own identity and address proof, and the other parent’s details as far as you have them. The marriage certificate, and any order already passed in any proceeding between you — matrimonial, maintenance, domestic violence or otherwise, with dates. The contact diary described above. And a plain written account of the child’s routine.

Several of those will have to be sworn, so plan a trip to an oath commissioner into the timetable rather than discovering it on the morning of filing — the affidavit is the thing everybody leaves last and the counter asks for first. Take a certified copy of every order as it is passed rather than collecting them in a batch a year later, and have anything not in English or Hindi translated before it goes anywhere near the file.

Our part in a custody matter

Documents, and nothing beyond them. Nobody here is an advocate, nobody appears before any court, nobody speaks to a school, a police station or the other parent on your behalf, and nobody here can obtain custody or access — there is no such service and anybody offering one is selling comfort to a frightened parent. What we do is the petition and its annexures typed to your advocate’s instructions, the applications — interim custody, access, permission to travel, modification of an arrangement — the reply where something has been filed against you, the affidavits and their attestation, the income affidavit where support is in issue, a written parenting arrangement where both parents are negotiating, a legal notice where your advocate settles that one is needed, certified copies, translations, and the appeal papers later on.

Court work is for your advocate, whose fee is engaged and paid by you directly; we do not quote, collect or share it. The directory is free to open and free to write through, it runs A to Z, and no listing on it was bought.

What we decline in a custody matter

  • Any suggestion that custody or access can be arranged, assured or influenced through anybody. There is no version of this request that we entertain, and a parent being told otherwise is being defrauded at the worst moment of their life.
  • Preparing anything addressed to the child, or intended to be shown to the child, in any form, at any age.
  • Typing an allegation against the other parent that we have been told is not true, or one put in only to colour the file.
  • Backdating a document, a notice or an acknowledgement — and here the request usually arrives because a date was missed, which is exactly why it is refused.
  • Drafting anything whose object is to keep the other parent from knowing about the school, the hospital or the proceeding.
  • Advising which parent should have the child, whether to agree to an arrangement, or what to say to a counsellor. Those decide a child’s life and they belong to an advocate.
  • Working for both parents in the same matter — not at different stages, not through a different person here, not at all.
  • Ranking advocates, naming a best one, or printing what any of them charges.

If you cannot afford an advocate

Ask for legal aid, and ask before the first date rather than after three of them. Free legal services under the Legal Services Authorities Act, 1987 exist for people who cannot pay, there is a legal services desk at the court complexes, and a matter concerning a child is exactly the kind of matter the system was built for. A parent who stays out of court because of money loses by default, and default is the one outcome nobody can appeal against usefully.

Two further things worth knowing. The entitlement is assessed on categories and income limits that are set by the authority and are revised, so this page does not print a figure that would be out of date within a year — ask at the desk. And mediation at the court is part of the court’s own process, which makes the cheapest route to a workable arrangement also the one the court wants you to try.

What we charge, said up front

Open any service page and that document’s price is on it, before you order and before you speak to anybody. Anything payable to a court, an oath commissioner or a government office is shown apart from our figure, because it is not our money.

You hear the whole figure before work begins and nothing is taken in advance. And on this page the useful thing is not the price but the advice that costs us work: the least expensive custody matter is the one that ends in a written arrangement. A parenting plan drafted properly, and recorded by the court, costs a fraction of a contested case and takes a fraction of the time — and the child pays none of the price that the contested version charges. If that route is open to you, take it. If it is not, tell us the ages of the children and the date of any order already passed, because those two facts decide what has to be prepared first.

Sources and a caution

  • The Guardians and Wards Act, 1890 — Section 7 (appointment or declaration of a guardian), Section 12 (interim order for the custody and protection of the minor), Section 17 (the court to be guided by what appears in the circumstances to be for the welfare of the minor; sub-section (3): if the minor is old enough to form an intelligent preference the court may consider it) and Section 25 (custody of a ward).
  • The Hindu Minority and Guardianship Act, 1956 — Section 6(a): the natural guardian of a minor boy or unmarried girl is the father and after him the mother, with the proviso that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother; Section 13: the welfare of the minor shall be the paramount consideration, and no person is entitled to act as guardian if the court is of opinion that it will not be for the welfare of the minor.
  • Githa Hariharan v. Reserve Bank of India (Supreme Court, 17 February 1999) — “after him” in Section 6(a) read as meaning in the absence of the father, including absence by indifference or by arrangement, so that the mother may act as natural guardian.
  • Gaurav Nagpal v. Sumedha Nagpal (Supreme Court, 2008) — the statutory right of a parent yields to the welfare of the child. Nil Ratan Kundu v. Abhijit Kundu (Supreme Court, 2008) — a custody matter is not a question of the rights of the parents. Rosy Jacob v. Jacob A. Chakramakkal (Supreme Court, 1973) — children are not chattels to be divided between claimants.
  • Yashita Sahu v. State of Rajasthan (Supreme Court, 2020) — a child is entitled to the love and affection of both parents; contact may be maintained by telephone and video where meeting is difficult. Vivek Singh v. Romani Singh (Supreme Court, 2017) — parental alienation considered as a question going to the child’s welfare.
  • Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari (Supreme Court, 2019) — habeas corpus in a child custody matter is maintainable only in exceptional cases; the ordinary remedy lies before the guardianship court, where evidence can be led.
  • Nithya Anand Raghavan v. State (NCT of Delhi) (Supreme Court, 2017) — an order of a foreign court is one of the factors to be considered and is not binding; the welfare of the child remains paramount. India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction.
  • The Family Courts Act, 1984 — Section 7 (jurisdiction, including guardianship of the person of a minor and custody of and access to a minor) and the Act’s requirement that the court endeavour to assist the parties towards a settlement. Section 26 of the Hindu Marriage Act, 1955 — custody, maintenance and education of children in a pending matrimonial proceeding, and the power to vary. Section 21 of the Protection of Women from Domestic Violence Act, 2005 — temporary custody, with visitation.
  • The 257th Report of the Law Commission of India (2015) recommended a framework for joint custody and shared parenting. It has not been enacted. There is no statutory right to joint custody in India, though courts may and do make orders providing for shared parenting time under the welfare jurisdiction.
  • The Legal Services Authorities Act, 1987 — entitlement to free legal services. The Delhi income limit and helpline are published by the Delhi State Legal Services Authority and are revised.
  • Bar Council of India Rules, Part VI Chapter II, Rule 36 — why nothing on this site ranks, rates or prices an advocate.
  • Deliberately not stated here: how long a custody matter takes; how often either parent succeeds; any court fee, mediation fee or advocate’s fee; any maintenance figure or formula, which is on the maintenance page only as a framework; and any particular visitation schedule, which the court fixes case by case.
  • This page is general information about how custody, guardianship and access are decided. It is not advice about any child or any family, and no page can tell you what a court will order. If a child has been removed, or travel abroad is a real possibility, speak to an advocate today rather than reading further.
FAQ

Child custody — questions parents ask

What does a court actually decide in a custody case?
One question, and it is not the one parents arrive with. The court is not deciding who is the better person, who behaved worse in the marriage, or whose turn it is. Section 17 of the Guardians and Wards Act, 1890 requires the court to be guided by what appears in the circumstances to be for the welfare of the minor, and Section 13 of the Hindu Minority and Guardianship Act, 1956 makes the welfare of the minor the paramount consideration. The Supreme Court put it plainly in Nil Ratan Kundu v. Abhijit Kundu (2008): a custody matter is not a question of the rights of parents. Everything on this page follows from that one sentence.
Does that mean my rights as a parent count for nothing?
They count, but they are not decisive, and that is the distinction that changes how a case should be run. A legal right to guardianship is one of the things a court weighs, and in Gaurav Nagpal v. Sumedha Nagpal (2008) the Supreme Court held that such a right yields where the welfare of the child requires it. In practice the parent who argues entitlement loses ground to the parent who shows the child’s day working — school, health, routine, the people around the child — because only one of those two things is what the court was asked to look at.
Is custody the same as guardianship?
No, and the confusion is expensive. Guardianship is the legal authority over the minor and, separately, over the minor’s property — the power to sign, consent and deal. Custody is the day-to-day care and control: where the child lives and who is responsible for the child’s routine. Access, or visitation, is the contact the other parent has. A parent can be a guardian and not have custody, and a parent can have custody and still need the other’s consent for a particular act. When you tell an advocate what you want, say which of the three you mean.
My child is under five. I have heard the mother automatically gets custody.
Not automatically. Section 6(a) of the Hindu Minority and Guardianship Act says the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. “Ordinarily” is doing real work in that sentence: it is a strong starting position, not a rule that cannot be displaced, and it sits under Section 13, which makes welfare paramount over everything in the Act. Treat it as the likeliest outcome for a very young child rather than as a settled answer.
Can a mother be the natural guardian at all?
Yes. Section 6(a) names the father and, “after him”, the mother, and for years that was read as putting the mother second in time. In Githa Hariharan v. Reserve Bank of India (17 February 1999) the Supreme Court read “after” as meaning in the absence of — including where the father is indifferent, or by agreement leaves the child to the mother — so that the mother can act as natural guardian. It is a judgment worth knowing by name, because banks, schools and offices still sometimes work off the older reading.
Which law applies if we are not Hindu?
The Guardians and Wards Act, 1890 is the general law and it applies across communities; the Hindu Minority and Guardianship Act sits alongside it for those it covers, and Muslim, Christian and Parsi families have their own personal law on guardianship and on the mother’s right of custody in the early years. The important point is that whichever law brings you to court, the court still decides on welfare — personal law sets the starting position and the welfare of the child decides the case.
Which court do I go to in Delhi?
Ordinarily the Family Court, which under Section 7 of the Family Courts Act, 1984 deals with guardianship of the person of a minor and with custody and access. If a matrimonial case is already running, custody can be dealt with in that case under Section 26 of the Hindu Marriage Act. A Magistrate can pass a temporary custody order under Section 21 of the Protection of Women from Domestic Violence Act, 2005, which our domestic violence page explains. Our Family Court page sets out how that court is different from the rest.
Can I file a habeas corpus petition to get my child back?
People try, and it is usually the wrong door. In Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari (2019) the Supreme Court held that a writ of habeas corpus in a child custody matter is maintainable only in exceptional cases, and that the ordinary remedy is to move the court under the Guardians and Wards Act, where evidence can be led. Filing the extraordinary remedy first often costs months and arrives back where it should have started.
Is there joint custody in India?
There is no statute providing for it. The Law Commission of India recommended a framework for joint custody and shared parenting in its 257th Report in 2015, and that recommendation has not been enacted. What courts do have is a wide discretion under the welfare test, and orders providing for genuinely shared parenting time have been passed. So the honest answer is: not as a right you can demand by name, but as an arrangement a court can order and, far more commonly, as an arrangement parents agree to and the court records.
Will the court ask my child what he wants?
It may. Section 17(3) of the Guardians and Wards Act says that if the minor is old enough to form an intelligent preference, the court may consider that preference. Judges commonly speak to a child in chambers rather than in the courtroom, away from both parents. It is a factor, not a vote — the court is still deciding on welfare, and a preference that looks coached carries very little and reflects badly on the parent who coached it.
What is the single fastest way to damage my own case?
Involving the child in the dispute. Showing the child the petition, having the child repeat allegations, recording the child on a phone, using handovers to argue, or telling the child why the other parent is bad. In Vivek Singh v. Romani Singh (2017) the Supreme Court dealt squarely with parental alienation, and courts have become alert to it. Parents believe this evidence helps them. It is the material most likely to be read against them.
The other parent is not letting me see my child at all.
Then apply for access, and apply now rather than after a year has passed, because time itself becomes an argument — the longer the gap, the more readily it is said that contact would now unsettle the child. In Yashita Sahu v. State of Rajasthan (2020) the Supreme Court treated contact with both parents as belonging to the child, and recognised that contact can include video calls where distance makes meeting hard. Ask for an interim arrangement while the main matter is heard; that is what Section 12 of the Guardians and Wards Act is for.
Does earning more help me get custody?
Very little, on its own, and parents overestimate it badly. Money matters to the extent it bears on the child’s actual care, and the parent with less income is not disqualified — maintenance exists precisely so that the child’s needs are met by the other parent’s income without the child being moved. Our page on maintenance sets out that separate question. If your case is built mainly on comparative income, it is built on the wrong thing.
Does it matter who was at fault in the divorce?
Not in the way people expect. Conduct within the marriage matters where it bears on the child — violence in the home, an addiction, neglect, conduct that made the household unsafe. Adultery or cruelty as a ground for divorce does not by itself decide custody, because the question is not who broke the marriage but what is best for the child now. Parents routinely file their entire divorce case again inside the custody petition and gain nothing from it.
Can we simply agree between ourselves?
You can, and you should try, but understand the status of what you write. A parenting agreement does not oust the court’s jurisdiction — the court can always look again at whether an arrangement serves the child — but a clear, specific, workable agreement carries real weight, and having it recorded by the court converts it into something enforceable. The Family Courts Act itself requires the court to attempt settlement first. A negotiated arrangement is almost always better for the child than a decided one.
What should a parenting plan actually contain?
Detail, because vagueness is what brings people back to court. Regular time and where the handover happens. Who does the school run and who attends the parent-teacher meeting. Holidays, birthdays and festivals named individually rather than “to be mutually decided”. How medical decisions are taken and who is informed in an emergency. Phone or video contact, with a time. What happens if somebody is late, travelling, or the child is ill. And how the plan will be revisited as the child grows.
The other parent is ignoring the court’s order.
Go back to the court that passed the order rather than to a police station. Breach of a custody or access order is dealt with by the court — through execution, and through its power to act against disobedience — and courts also treat persistent breach as a change in circumstances relevant to the arrangement itself. Keep a dated record of every missed handover and every refused call, unemotionally written. That record is what makes the application, and it is worth more than any amount of argument.
Can I file an FIR if my child is not returned?
This goes wrong often enough to warrant a plain answer. A dispute between two parents over an order is a matter for the court that made the order, and treating it as a police matter typically achieves nothing except to harden the dispute and give the other side something to say about your judgment. There are genuine exceptions — a child taken by somebody with no lawful right at all, or a real fear for the child’s safety — and those are for an advocate to assess the same day, not for a web page. Our FIR page explains what the police can and cannot do.
Can my child be taken out of India?
Not free of the court’s control once proceedings are on. Passport and travel decisions for a minor involve both parents, and where a custody case is pending the court can require its permission before travel, direct that a passport be deposited, or impose conditions. If you have a real apprehension that the child will be taken abroad, say so in an application immediately; this is one of the few areas where acting on the same day genuinely changes the outcome.
My child has already been taken abroad, or brought to India from abroad.
Then get an advocate who has handled this before, today. India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, and the Supreme Court held in Nithya Anand Raghavan v. State (NCT of Delhi) (2017) that an order of a foreign court is one of the factors a court considers, not something binding on it — the welfare of the child remains paramount. These matters turn on details far outside the scope of any general page.
Do grandparents have any right to see the child?
There is no separate statutory right of visitation for grandparents in the way some countries have. What exists is the same welfare test, applied to an application under the Guardians and Wards Act — and courts have recognised that continuing contact with a grandparent who has been part of the child’s life can serve the child’s welfare, particularly where a parent has died or is absent. It is an application about the child, and it succeeds or fails on that.
We were never married. Does that change things?
It changes the route more than the test. The child’s welfare is still what decides custody, and the Guardians and Wards Act is still the machinery. What tends to come up is the record — the birth certificate, school records, the name on official documents — which is worth putting right early, because these disputes get argued through paperwork. Financial responsibility for the child is a separate question from custody and does not depend on the parents having been married.
What evidence actually helps?
Dull, dated, third-party documents. School reports and attendance. Medical records and vaccination cards. Who has been taking the child where, over time. The child’s routine written out. Anything showing the other parent has been kept informed, which is the thing most likely to be disputed. What does not help: phone recordings of the child, screenshots of arguments, and a long account of the marriage. The first category is about the child; the second is about the parents.
Can Legal Space Services get custody for me?
No. Nobody can promise a custody outcome, and anybody who does is telling a distressed parent what they want to hear. We are not advocates and we do not appear in any court. What we do is the documentation — the petition and the applications typed to your advocate’s instructions, the affidavits and their attestation, a written parenting arrangement where both parents are negotiating, certified copies and translations. Court work is for your advocate, whose fee is engaged and paid by you directly; we do not quote, collect or share it. The directory runs A to Z and no listing on it was bought.
What does your own work cost?
Each document carries its price on its own service page, visible before you order and before you speak to anybody, and anything payable to a court or a government office is shown separately because it is not our money. You hear the whole figure before work starts and nothing is taken in advance. On this subject we will also say the unprofitable thing: the cheapest custody matter is the one that ends in a written arrangement both parents can live with, and if that is available to you, take it — a drafted parenting plan costs a fraction of a contested case and the child pays none of the price.
ADVOCATES

Advocates on this directory who take Family & Custody work

Listed alphabetically. We do not rank, rate or feature advocates, and nobody pays for a position here — the reason is on our Find an Advocate page. Neither reading a profile nor writing to somebody through it costs anything.

A

Adarsh Varma

Advocate
New Delhi
hindi english
Family & Matrimonial Marriage & Registration Divorce & Maintenance +5
Bar Council enrolled
View profile
N

Newton Kumar

Advocate
1 years at the Bar
North Delhi
Hindi,English
Family & Matrimonial Restitution of conjugal rights (HMA s.9) Judicial separation +88
At the Bar since 2025
View profile
P

pooja Barik

Advocate
Bengaluru Urban
Family & Matrimonial Family mediation and settlement
Bar Council enrolled
View profile
R

Ruchi Panchal

Advocate
1 years at the Bar
Nanagloi
Hindi & English
Family & Matrimonial Civil & Property Cheque Bounce & Recovery +8
At the Bar since 2025
View profile
S

Sarthak Verma

Advocate
1 years at the Bar
North West Delhi
Hindi, English
Family & Matrimonial Restitution of conjugal rights (HMA s.9) Judicial separation +149
At the Bar since 2026
View profile
S

Shivangi Malhotra

Advocate
6 years at the Bar
Pathankot
English Hindi punjabi
Family & Matrimonial Restitution of conjugal rights (HMA s.9) Judicial separation +113
At the Bar since 2020
View profile

See the full filter for this kind of work ›

Tell us the ages of the children and whether any order has already been passed.

Those two facts decide almost everything about what has to be prepared and in what order — whether an interim application comes first, whether a written parenting arrangement is realistic, and what the file is missing. Send whatever orders and papers you already have. We will tell you what a complete set looks like and where yours falls short, and put the directory in front of you. We will not tell you that an outcome can be arranged, because it cannot be, and anybody saying otherwise is taking money from a parent at the worst moment. Searching the directory is free and no commission from anybody on it reaches us.

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Fees, transfer certificates, admission and expulsion — and why the door that opens is the Directorate of Education rather than a court. What the Delhi High Court held in May 2026 about a hike at the start of a session against one imposed mid-session, why a certificate cannot be held against your dues, and how to ask the regulator for something it can actually do.
A notice or summons has arrived
Five different papers, five different answers to “what if I do nothing”. A private legal notice against a civil summons, a criminal summons, a tribunal notice and a police notice; the thirty days that is directory and the hundred and twenty that is not; ex parte orders and the thirty days to undo one; and why complying with a Section 35(3) police notice now protects you.
Arrest and bail in Delhi
What a family does in the first twenty-four hours, and the two rights nobody will offer you: default bail under Section 187(3), which turns on sixty or ninety days rather than the merits and dies the day the chargesheet is filed, and release under Section 479 after half the maximum sentence — a third for a first-time accused. Plus sureties, conditions, and why a bail order is not release.
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