Custody, maintenance and education

When two parents in Kharghar separate, the first questions are about the child, not the flat: who will the eight-year-old live with, who will pay for the school fees, and will the father still see her on Sundays? The law has a tool for each question, but the tool differs by the marriage law the parents used. Looking at those tools side by side shows what a uniform civil code would unify and what already looks alike.

In two minutes

Whichever law governs the marriage, the court hearing a matrimonial proceeding can pass interim and final orders on the custody, maintenance and education of minor children, guided by the child's wishes where possible and by the child's welfare; outside matrimonial cases, the Family Court, the Magistrate under the BNSS and the Magistrate under the Domestic Violence Act have parallel powers.

The rest of this chapter

The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Family Law – II on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.