Study of Custody of Children: Legislative Developments in India and England
Keywords:
Child, CustodyAbstract
A parent's legal and practical connection with his or her kid is sometimes referred to as "child custody," "guardianship," or "custody," and these phrases are often used to characterise this relationship. Children's welfare wasn't seen as a government role in any ancient civilisation. Fathers in ancient Rome, for example, had an almost unrestricted inherent right to make decisions about their children's well-being. The well-being of children was primarily a concern of their families, not one that fell within the purview of the state. In the ancient world, fathers were free to punish their children in any way they saw fit, even killing their infants.
References
See section 97 of the code of Criminal Procedure 1973.
Section 3, Act of 1956.
Section 5, 9, Hindu Minority and Guardianship Act of 1956.
Section 13, Ibid.
Rosy Jacob vs Jacob Charamakkl AIR 1973, SC 2090 and Reddy (CS) V.
yamma Reddy, AIR, 1975, Kant 134.
Carrall (in re :) 1930, ALLER Rep. 200 (201).
Bromley, Family Law (1971), pp. 269-270.
Custody oflnfant Act, 1839.
Bromley, Family Law (1971), pp. 269-270.
Custody of Children Act, 1891, Section 2.
Law Commission of India, Report on Certain Provisions of the Hindu
Minority and Guardianship Act 1956 submitted in April 1980.
Jenks, Book of English Law, 1953, pp. 229-230.
Guardianship and Minors Act, 1971, Section 1.
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