Child custody in India
In India the rules depend on the parents' religion: under the Hindu law the mother usually has a child under five, and the Supreme Court has made the mother an equal guardian.
Updated October 2026. Spotted a mistake? Tell us.
If the parents are married
Under Hindu law the father and the mother are both natural guardians, and the Supreme Court has held that the mother is an equal natural guardian. Under Muslim law the father is the guardian, and the mother has the right of care (hizanat) of young children.
If the parents are not married
For a child born outside marriage, the mother is generally the natural guardian under Hindu law. The position of an unmarried father depends on the court.
The unmarried father, in one line: Depends on the parents' religion or personal law.
After a divorce or separation
Hindu law says a child under five should ordinarily be with the mother, and courts decide custody by the child's welfare. Under Muslim law the mother has the care of a young boy until about seven and of a girl until puberty, though courts also apply the child's welfare. Christians and Parsis follow the Guardians and Wards Act, which is welfare based.
What the child can say
The court may ask a child who is old enough to form an intelligent preference.
Moving house or moving abroad with the child
A parent cannot generally take the child abroad against a court order. India is not a party to the Hague Child Abduction Convention, so there is no treaty route to have a child returned from India.
If the parents live in different countries
India is not in force under the 1980 Hague Child Abduction Convention, so there is no treaty route to ask for a child to be returned. Local advice is essential.
What to watch for
- Goa has a civil code of its own, and the rules for each religious community differ.
Understand the legal system first
India belongs to the Common law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the India legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in India? →
Official sources
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TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.

