Last reviewed: 27 September 2026. Laws and procedures change; check current rules before acting.
Custody cases are decided on one question: what is best for the child. This guide explains how a case moves through a Delhi family court. For the legal background, see child custody.
Which law?
| Law | Use |
|---|---|
| Guardians and Wards Act, 1890 | Petition for custody or guardianship (for children of any religion) |
| Hindu Minority and Guardianship Act, 1956 | Guardianship principles for Hindu children; custody of a child under five is ordinarily with the mother (s.6) |
| Section 26, Hindu Marriage Act | Custody orders within a divorce or other matrimonial case |
Step by step
- Petition in the family court where the child ordinarily resides.
- Interim application for temporary custody or visitation while the case is pending.
- Counselling and mediation. Many parenting arrangements are agreed here.
- Interaction with the child. Judges often speak with the child, usually in chambers. An older child's preference is given weight under section 17 of the Guardians and Wards Act.
- Evidence. Schooling, health, each parent's circumstances and support system.
- Final order. Custody to one parent with visitation to the other, or shared arrangements.
What courts look at
- The child's age, health and emotional ties.
- Continuity of schooling and home.
- Each parent's ability to care for the child day to day.
- Any history of violence or neglect.
- Willingness to support the child's relationship with the other parent.
Both parents are guardians
The Supreme Court in Githa Hariharan v. Reserve Bank of India (1999) held that the mother is also a natural guardian, not only when the father is absent.
Orders can change
Custody and visitation orders can be modified when circumstances change. See visitation and, for cross-border cases, NRI child custody.
Related services
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.