Custody disputes are decided on one governing principle — the welfare of the child. The chamber of Advocate Manish Jha conducts custody, guardianship and visitation matters before the Family Courts across Delhi and the High Court of Delhi.
The Statutory Framework
Two central statutes govern most custody and guardianship disputes. The Guardians and Wards Act, 1890 is the general law under which a court may appoint or declare a guardian of a minor's person or property and regulate custody. For Hindus, it is supplemented by the Hindu Minority and Guardianship Act, 1956, which identifies the natural guardians of a Hindu minor and expressly directs that the welfare of the minor shall be the paramount consideration in appointing any guardian.
Welfare of the Child, Not Rights of the Parents
Courts do not treat a child as property to be divided. Whatever the parents' claims against each other, the decisive question is what arrangement serves the child's welfare — emotional security, education, health, continuity of environment and the ability of each parent to care for the child. The wishes of a child old enough to form an intelligent preference are also considered. Custody orders are never final in the rigid sense; they can be revisited if circumstances materially change.
Interim Custody, Visitation and Shared Arrangements
- Interim custody — while proceedings are pending, the court can make temporary custody arrangements and protect the child from removal.
- Visitation — the parent without physical custody is ordinarily granted defined visitation or contact, including video calls and holiday schedules.
- Shared parenting — where the parents can cooperate, courts increasingly frame arrangements that keep both parents involved.
Custody questions also arise inside divorce proceedings and in petitions under the Protection of Women from Domestic Violence Act, 2005, where a Magistrate may grant temporary custody under Section 21 of that Act.
How the Chamber Works on Custody Matters
Advocate Manish Jha, in more than fifteen years of family court practice, has handled guardianship petitions, interim custody applications, visitation enforcement and habeas corpus matters concerning minors before the Delhi District Courts and the High Court of Delhi. The chamber prepares the petition and evidence with the child's routine and schooling in focus, and negotiates parenting plans where a workable settlement is possible. Details for reaching the chamber are on the custody contact page.
Frequently Asked Questions
Which court hears child custody cases in Delhi?
Custody and guardianship petitions under the Guardians and Wards Act, 1890 are heard by the Family Courts sitting in the Delhi district court complexes, ordinarily the court within whose jurisdiction the minor resides. Appeals lie to the High Court of Delhi. Temporary custody can also be dealt with by a Magistrate under Section 21 of the Protection of Women from Domestic Violence Act, 2005.
What does 'welfare of the child' actually mean?
It is the paramount consideration in every custody decision under the Hindu Minority and Guardianship Act, 1956 and the Guardians and Wards Act, 1890. Courts weigh the child's emotional and physical wellbeing, education, health, stability of home environment, the capacity of each parent to provide care, and, where the child is mature enough, the child's own preference.
Does the mother always get custody of a young child?
No rule is absolute. The Hindu Minority and Guardianship Act, 1956 indicates that the custody of a child below five years should ordinarily be with the mother, but even that yields to the welfare of the child on the facts. Fathers do receive custody where that serves the child, and the other parent is normally granted structured visitation.
Can a custody order be changed later?
Yes. Custody orders operate on the child's present welfare and are not immutable. If circumstances materially change — relocation, remarriage, schooling needs, neglect, or the child's own evolving preference — either parent may apply to the Family Court for modification. Interim arrangements in particular are reviewed as the proceedings progress.