Akash Can child custody be legally decided in India without obtaining a divorce, and under what circumstances can courts intervene to determine custody or guardianship of a child even when the marriage between the parents has not been legally dissolved?
Aarav Yes, child custody can be decided in India even without a divorce. Key points: Child custody is based on the welfare of the child, not only on divorce proceedings. Parents who are separated (but not divorced) can still approach the court to decide custody or guardianship. Courts can pass custody orders under laws such as the Guardians and Wards Act, 1890, or relevant personal laws. Even during ongoing marriage disputes or separation, one parent can seek custody if there are concerns about the child’s welfare. The court may also grant visitation rights or joint custody depending on the situation. The final decision always depends on what is in the best interest of the child.
