Custody and Guardianship – Study Circle Session X
Bharatheeya Abhibhashaka Parishad, High Court Unit
Date: Monday, September 22, 2025
Time: 4:45 PM Venue: MKD Hall
All are invited
About the Session
Bharatheeya Abhibhashaka Parishad High Court Unit presents Study Circle Session X focusing on the critical legal topic of Custody and Guardianship
. This educational session aims to provide comprehensive insights into the complexities of child custody and guardianship laws in India, addressing both theoretical foundations and practical applications.
Featured Speaker
Advocate Parvathy Sanjay
Senior Advocate, High Court of Kerala
Adv. Parvathy Sanjay brings extensive experience in family law matters and has been recognized for her expertise in legal practice .
She has previously participated in important legal discussions and panels, making her an ideal speaker for this complex topic
Session Overview
Legal Framework CoverageThe session will explore the comprehensive legal framework governing custody and guardianship in India, including:
– The Guardians and Wards Act, 1890
– The secular law that applies to individuals from all religions and empowers courts to appoint guardians for minors when necessary for child welfare Hindu Minority and Guardianship Act, 1956
– Specific provisions for Hindu families regarding natural guardianship and custody arrangements
Muslim Personal Law (Shariat)
Religious personal law governing custody matters for Muslim families
Christian and Parsi Laws** – Provisions under the Indian Divorce Act, 1869, and Parsi Marriage and Divorce Act, 1936
Key Topics to be Discussed
Types of Custody Arrangements:
Physical Custody – Day-to-day care and residence arrangements
Joint Custody – Shared physical custody between both parents [4]- Legal Custody – Decision-making authority regarding child’s education, health, and welfare [4]- Sole Custody – Complete custody awarded to one parent in cases of unfitness [4]**Fundamental Principles:**- Best Interest of the Child – The paramount consideration in all custody decisions across all personal laws [4]- Welfare of the Minor – Primary factor courts consider when appointing guardians [5]- Natural Guardian Rights – Legal presumptions regarding parental guardianship
Practical ApplicationsThe session will address real-world scenarios including:- Court procedures for custody modification- Guardianship appointment processes – Rights and responsibilities of guardians- Termination of guardianship arrangements- Interstate custody disputes.
