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27 Supremo Amicus [1] (2021)

handle is hein.journals/supami27 and id is 1 raw text is: VOLUME 27 1 DECEMBER, 2021

SUPREMO AMICUS
1

ISSN 2456-9704

POST- DIVORCE CHILD CUSTODY
COMPLICATIONS (With Special
Reference to Hindu Personal Law)
By Aditi Poddar and Sudipti Mukhopadhyay
From St. Xavier's University, Kolkata.
Chapter 1: Abstract
The primary effect of the breakdown of the
marital bond is on the spouses. They go
through a complete change and series of
challenges. The number of challenges faced
is more when the spouses have children.
Even though the spouses face the primary
challenge, nevertheless, the children's goes
through a lot. This Paper will revolve under
the various Custodial and Guardianship Laws
of the Children, with special regard to Hindu
Personal law. Besides this, the Paper also
deals with the financial settlements -
Maintenance granted to children, the liability
and duty of both the spouses to maintain the
child even after divorce.
Chapter 2: Research Methodology
This Paper has been made by using methods
of doctrinal analysis. The   pieces  of
information basing which this Research
Paper has been made include statutes and
some   secondary  sources  like, Books,
Articles, blogs and other Research Papers.
Chapter 3: Research Questions
This Paper is based on the following
Questions: -
1. What    are  the   Custody   and
Guardianship Laws in India?
2. What are the various types of Custody
which the court can settle for?
3. How is the writ of Habeas Corpus
used for the restoration of Custody?

4. Can the Financial position of a spouse
be a factor to grant them the Custody
of the child?
5. What are the various Maintenance
provisions, specially in regard to
Hindu Personal Law?
6. Can a case be dealt with under two or
more different statutes for claiming
maintenance?
7. What are the probable effects of
divorce of parents that a child -
especially a minor can encompass?
Chapter 4: Literature Review
1. Impact of Divorce on Children: A
Socio-Economic and Legal Study-
Vijender Kumar discussed the Rights
of   Parents,  Grandparents  and
Children   in   Custody    Cases.
According to him, A divorce is
frequently followed by protracted
battles over minor child custody. As a
result, it is needed to look at the
problem of child custody and how the
custody  arrangements affect the
children. He also cited cases such as
V. Meenapushpa v. Vs Ananthan
Jayakumar, in which grandparents
were  granted  Custody  of their
grandchildren based on the wishes of
a mature child. He also clarified
India's custody and guardianship
laws.
2. In his research paper, writ of
Habeas Corpus in Child Custody
Matters- Shivam Goel discussed
how the Writ of Habeas Corpus helps
to restore a child's Custody. While
discussing this, he stated a few cases
and explained this through that. In his
Paper, he defined, The purpose of a
habeas corpus proceeding is not to

www.supremoamicus.org

PIF 6.242

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