According to the Hindu Minority and Guardianship Act of 1956, the mother is the legal guardian of a child under the age of five. The court may take away custody from the mother if they find that she is unfit to take care of the child. After the age of five, the child's preference becomes a factor in determining custody. The mother has the right to custody of the child until the age of seven for boys and until puberty for girls. After that time, the father has custody rights.
DISCLAIMER : The above judgement is posted for informational purpose only. Printout/Copy from this website are not admissible citation in the Court of Law. For a court admissible copy contact your advocate.