Abstract :
One of the most stressful aspects of getting divorced or separated is dealing with child
custody and visitation. Child custody arrangements will be determined by the court of
jurisdiction for the divorce proceedings. If the parents have children while married, they
share joint guardianship of the kid and have equal rights. When they divorce, they have an
equal entitlement to custody. If the parents cannot agree on custody, the court must assist in
determining what is best for the kid. A psychological assessment of one or both parents may
be ordered by the court in some instances. This is commonly referred to as a parenthood
analysis, which is a formal inquiry into each parent's parenting abilities and which parent is
perfectly suited to take care of the child.
Only two of the 83 child custody cases that went to court in a year were awarded to the
father, according to an RTI response; 50% overnight vacation is provided to only one parent.
The Supreme Court rules that "the welfare and interest of the child, not the rights of the
parents, is the first and foremost priority." Despite popular belief that the mother is the child's
natural guardian, the court/law will always follow the best interest concept. The Karnataka
High Court ruled that it is "the most natural thing for a child to grow up in the company of
their mother" and that "even in nature, a youngster gets the best protection and education
exclusively through the mother." Chethana Ramatheertha, a divorced mother, married famous
cricketer Anil Kumble in this case. The mother was granted custody of the child because she
could offer a joyful atmosphere, stability, and well-being for the youngster. The research goal in this paper is to demonstrate custody and guardianship relating it with the case study of
smt. Surinder kaur sandhu v. harbax singh sandhu.
Keyword :
Child, Custody, Welfare, Guardianship, Divorce.