TSK

Divorce and Child Custody Advocate and Legal Consultant in Dehradun – TSK and Associates

Filing for divorce or a child custody case may be one of the most emotionally challenging
activities one has to undertake. We at TSK and Associates are aware of the sensitivity and
delicacy of family law cases. Our mission is to give you sensitive, practical, and legally sound
advice to protect your rights and secure the best possible result for you and your children.

Divorce and Child Custody Laws in India

Divorce and child custody laws in India are determined by personal law based on the religion of
the parties. Divorce is governed in case of Hindus under the Hindu Marriage Act, 1955 and
custody of the children by the Hindu Minority and Guardianship Act. Others apply the Guardians
and Wards Act, 1890, as a secular enactment.
At TSK and Associates, we have expertise in dealing with various legal systems, offering
professional legal advice and court representation, and ensuring your case receives the highest
level of professionalism and attention.

Why TSK and Associates?

TSK and Associates is one of the most reliable law firms in Dehradun to deal with divorce and
child custody cases with the utmost seriousness and sensitivity.
     ● Years of Experience in dealing with family law and child custody cases
     ● Client-Centric Approach with emphasis on legal and emotional well-being
     ● Effective Advocacy in contested as well as uncontested divorces
     ● Experienced Advisors in mediation, arbitration, and court cases
     ● Reasonably Priced Legal Packages to suit individual requirements
We undertake to protect your rights while keeping the welfare of your child our paramount
concern.

  • Financial Stability

    The financial ability of the parent to support the child is important but not the sole factor.

  • Relationship with Each Parent

    A child's emotional relationship and interaction with both parents is accorded great consideration in the determination of custody.

  • Any History of Domestic Violence or Abuse

    Courts view a history of violence or abuse as a serious consideration, one which may deny a
    parent custody or even visitation.

Things Courts Consider

Indian courts consider the best interests of the child while deciding custody of the child. Various
essential things are taken into account:

  • Child's Age and Maturity

    Younger children are generally left in the custody of the mother unless otherwise necessary. Even the wishes of the child, though, may be taken into account if they are old enough to make
    good choices.

  • Parental Fitness

    The court also considers the mental, emotional, and moral fitness of the parents so that it can
    decide who is in a position to take better care.

  • Child's Emotional and Physical Health

    The parent most capable of promoting the emotional and physical growth of the child is typically
    awarded custody.

Types of Custody and Arrangements

We elucidate and support the custody arrangement best for your child at TSK and Associates.

  • Sole Custody

    One parent gets sole legal and physical custody of the child while the other has possibly limited
    or no visitation rights.

  • Joint Custody

    Both parents enjoy shared legal custody and decision-making powers. Joint physical custody
    can be provided through a shared schedule.

  • Visitation Rights

    The non-custodial parent, even if given sole custody, could have visitation rights so that the relationship with the child is wholesome.

  • Legal Provisions

    Some of the most significant laws that regulate divorce and child custody in India are as follows:
    Hindu Minority and Guardianship Act
       Enacts the natural guardian of Hindu minors and entrenches rights and duties.
    Secular Guardians and Wards Act, 1890
       Applies to all communities. Utilized in fixing custody and guardianship in the interest of the
    welfare of the child.

    Hindu Marriage Act, 1955
        Addresses grounds for divorce, procedure, and also empowers the court to decide on custody.

Procedure for Divorce

● Filing of Petition – Either of the spouses can apply for divorce on mutual consent or
reasons such as cruelty, adultery, etc.
● Cooling-off Period – 6 months compulsory period for mutual divorce.
● Court Hearings – Evidence and witnesses are heard.
● Mediation/Counseling – Courts can recommend reconciliation.
● Final Decree – On satisfaction, the court legalizes the divorce and decides on the child
custody.

FAQ's

Q1. Can fathers get custody of their children in India?

Yes, fathers may receive custody subject to the child's welfare, the child's age, and the capacity of the father to provide for the child in a stable and loving environment.

Custody is the day-to-day right to take care of the child. Guardianship is the lawful right to make significant decisions in the child's life.

A mutual consent divorce would last 6-8 months. Contested divorces may take longer based on
complexity and court timings.

Yes, in the event of a significant change in circumstances or endangerment of the welfare of the child, custody arrangements can be altered by the court.

Disobeying court-imposed custody or visitation arrangements may result in legal penalties such as fines or contempt of court.