Custody of Child -- Below Five Years Ordinarily Vests With Mother-- Father relied upon Separation Deed found to be Suspicious-- Under Section 6(a) Hindu Minority and Guardianship Act -- Using Child as Leverage in Marital Disputes Deprecated
Under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, custody of a child below five years of age ordinarily vests with the mother. The paramount consideration in custody matters is the best interest of the child, and separating a child of tender age from the mother with whom a bond has been established causes trauma and is contrary to that interest.
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