A dispute over your child's custody or visitation in Ghaziabad?
Quick answer: Custody disputes in Ghaziabad are decided by the Family Court under the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, and Section 26 of the Hindu Marriage Act during divorce cases. The welfare of the child is the paramount consideration, not the rights of either parent. Custody of a child under five is ordinarily with the mother, and the court may speak to an older child about his or her preference. The parent without custody is usually given visitation.
Adv. Mridul Jindal represents mothers and fathers in custody, visitation and guardianship cases before the Family Court, Ghaziabad and in appeals and habeas corpus petitions before the Allahabad High Court. Information on this page is general; every case depends on its facts.
Situations we handle
- One parent taking the child away and refusing access
- Interim custody and visitation while a divorce or custody case is pending
- Permanent custody petitions under Section 25 of the Guardians and Wards Act
- Shared parenting, holiday and video-call visitation schedules
- Relocation of the child to another city or abroad
- Habeas corpus petitions where a child is held in illegal custody
How a custody case proceeds in the Family Court, Ghaziabad
- Petition — a custody petition under the Guardians and Wards Act, or an application under Section 26 HMA in a pending divorce, is filed where the child ordinarily resides.
- Interim order — the court can order interim custody or visitation early, often after counselling.
- Interaction and evidence — the judge may interact with the child in chambers; both parents lead evidence on the child's welfare.
- Final order and appeal — the court decides custody and visitation; an appeal lies to the Allahabad High Court.
Documents to keep ready
- Child's birth certificate and school records
- Proof of the child's residence for the last year
- Your income, work hours and living arrangements
- Medical records of the child, where relevant
- Messages or records showing denial of access
- Copies of any divorce, maintenance or domestic violence case papers
The law that applies
Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the father and after him the mother is the natural guardian of a Hindu minor, but custody of a child below five years is ordinarily with the mother. In Githa Hariharan v. Reserve Bank of India (1999), the Supreme Court held that the mother can act as natural guardian where the father is absent or not taking care of the child. Section 13 of that Act makes the welfare of the minor the paramount consideration. Under the Guardians and Wards Act, 1890, the court considers the child's welfare (Section 17), including an older child's intelligent preference, and may order the return of a child to a guardian's custody (Section 25). Section 26 of the Hindu Marriage Act lets the court make custody orders during and after matrimonial cases.
The Supreme Court has repeatedly held that custody is decided by the welfare of the child, not the rights of the parents (Rosy Jacob v. Jacob A. Chakramakkal, 1973; Nil Ratan Kundu v. Abhijit Kundu, 2008). In Yashita Sahu v. State of Rajasthan (2020), it held that the parent without custody should ordinarily be given visitation, including video calls, and in Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari (2019) it held that habeas corpus is maintainable where a child is in illegal custody.
Read more: Child custody lawyer in Delhi · Child custody lawyer in Noida · Divorce lawyer in Ghaziabad · Mutual consent divorce in Ghaziabad · Maintenance and domestic violence, Ghaziabad.
Courts we appear in for custody matters
- Family Court, Ghaziabad, at the district court complex
- Allahabad High Court, for appeals and habeas corpus petitions
- Supreme Court of India, through an Advocate-on-Record, where required
Enrolled with the Bar Council of Delhi (D/3547/2021); member of the Supreme Court Bar Association.
Also serving: Indirapuram · Vaishali · Vasundhara · Raj Nagar Extension · Crossings Republik
Frequently Asked Questions
Who gets custody of a young child?
Custody of a child below five is ordinarily with the mother. For older children, the court decides on the child's overall welfare, including education, stability, care and the child's own wishes.
Can the father get custody?
Yes. There is no rule that custody always goes to the mother. Where the father can better look after the child's welfare, the court can give him custody, and in any case he is usually entitled to visitation.
Will the court ask the child where he or she wants to live?
If the child is old enough to form an intelligent preference, the judge usually talks to the child in chambers. The preference matters but does not alone decide the case.
Can I get visitation while the case is pending?
Yes. The Family Court can grant interim visitation, including weekend meetings and video calls, early in the case.
What if the other parent takes the child away?
You can apply for interim custody in the Family Court, and where the removal is unlawful, a habeas corpus petition may be filed in the High Court.
Reviewed by Adv. Mridul Jindal · Last updated 11 November 2026. This page is for general information and is not legal advice or solicitation.