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The welfare of the child is the paramount consideration — above the wishes or rights of either parent.

Custody can be decided in divorce proceedings (for example under Section 26 of the Hindu Marriage Act, 1955) or in a separate petition under the Guardians and Wards Act, 1890.

Under the Hindu Minority and Guardianship Act, 1956, custody of a child below five years is ordinarily with the mother.

Courts consider the child's age, schooling, stability, health and, where mature enough, the child's own preference.

The parent without custody is usually given visitation — in person, during holidays or by video call.

• Physical custody — where the child lives day to day

• Joint or shared custody — both parents share time and decisions

• Legal guardianship — decisions on education, health and property

• Visitation and access — scheduled meetings, holidays and video calls

• Interim custody — temporary arrangements while the case is pending

• Permission to take the child abroad, with conditions set by the court

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 125 CrPC) — for a wife, children and parents who cannot maintain themselves, regardless of religion.

Sections 24 and 25 of the Hindu Marriage Act, 1955 — interim maintenance during the case and permanent alimony.

The Hindu Adoptions and Maintenance Act, 1956 — maintenance of a wife, children and aged parents.

The Protection of Women from Domestic Violence Act, 2005 — monetary relief, including for children.

Special Marriage Act, 1954, and other personal laws, depending on how the couple married.

• Income, assets and liabilities of both spouses — including earnings abroad

• The standard of living the family enjoyed

• The needs of the children, including school fees and health

• Sworn disclosure of assets and liabilities, as directed by the Supreme Court in Rajnesh v. Neha (2020)

• Maintenance can be awarded from the date of the application

• Orders can be enforced against assets in India if payments stop

1. Consultation on the law that applies and the right court.

2. Drafting the petition or reply, and a Power of Attorney if needed.

3. Filing in the family court or High Court with jurisdiction.

4. Counselling, mediation or child interaction, if the court directs.

5. Evidence, arguments and orders — with appearance by video where permitted.

• Marriage certificate or proof of marriage

• Birth certificates and passports of the children

• School, medical and residence records of the child

• Income proof — salary slips, tax returns, bank statements

• Passport, visa and OCI documents of both parents

• Any foreign court orders or pending cases

India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction.

A parent can approach the High Court by a habeas corpus petition, or file a custody case in the family court.

The Supreme Court has held that Indian courts decide such cases on the child's welfare, and do not order a child's return mechanically because a foreign court has ordered it.

A foreign custody order is an important factor, along with how long the child has lived in India.

Courts may also make mirror orders or conditions to protect the child when travel abroad is allowed.

• Indian maintenance orders can be executed against property, bank accounts and other assets in India

• Judgments from 'reciprocating territories' notified under Section 44A CPC — such as the UK, Singapore and the UAE — can be executed in India like an Indian decree

• Judgments from other countries, such as the USA, usually need a fresh suit in India

• Courts can also take steps against a spouse who deliberately avoids paying

• Early legal advice helps choose the most effective forum