How is child custody handled during the divorce case?

Custody follows Hizanat principles:

  • Mother usually gets physical custody of young children (up to 7 years for sons, puberty for daughters—varies by school of law).
  • Father remains financial guardian (maintenance payer).
    However, modern Indian courts apply the welfare of the child test from the Guardians and Wards Act, 1890, which supersedes classical rules if required.
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