The custody of the minor children becomes an issue when both parties wants to have the custody of the minor children while getting separated or living separately or seeking divorce. The Hon’ble courts in various decisions held that the sole criteria for deciding the custody of the minor is “paramount interest of the child” i.e which ever parent is able to raise the child and provide holistic upbringing usually has an edge over the opposite party. The courts also give due weightage to the child’s personal interest, which is ascertained by examining the child. Usually, the cases are filed under the Guardians & Wards Act or under the Hindu act.
Documents required for filing child custody case:
- Aadhar Card of husband/wife
- Aadhar Card of minor children
- Passport Photos of Aggrieved woman & minor children (3)
- Marriage Photo (2)
- Wedding Invitation
- Marriage certificate
- Birth certificates of minor children
- Education fees receipts of the minor children
- Medical reports if any
- All evidences if available (Photos of injury, photos of extramarital affair, Videos, chat messages, Emails etc, call logs)
- Previous court cases history if any.
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