Custody and Maintenance

Actual custody

A mother can be granted actual custody despite not being able to maintain the child

Custody and Maintenance

Actual custody to third parties

It deprives a child of the parental care necessary for growth if he or she has both parents alive

Custody and Maintenance

Custody of children of tender years

The custody of children of tender years should not be based solely on material provisions

Custody and Maintenance

Custody of a female child

Custody of a female child should be granted to the mother owing to the fact that she is vulnerable

Custody and Maintenance

Access to children by parents

Courts have the discretion to determine the access terms for children putting their interests first

Custody and Maintenance

Custody of a child

Views of children with regard to determining custody orders should also be put into consideration

Custody and Maintenance

Custody and access to a child

Both parents have to be involved in a child's life despite one parent having solely access orders

Custody and Maintenance

Custody of a tender child to the father

A father has to prove for special circumstances in which he should be granted custody of a child

Constitutional

Test for Article 24

Must conform with what has been accepted universally as democratic society.

Constitutional

Test for Article 24

the test must be subjective

Constitutional

Limitations of human rights

There must be pressing social need for restriction on a right.

Constitutional

Limitations of human rights

Direct connection between the expression and the protected interest must be shown.

Custody and Maintenance

Best interest of a child

Other factors to be considered in the determination of the best interest of a child

Custody and Maintenance

Conduct of parent in child's custody

The conduct of a parent during a trial informs the court on the determination of custody

Custody and Maintenance

Parental responsibility

The needs of a child should be guided by the income earned by each parent

Custody and Maintenance

Parental responsibility

A mother can apply for the extension of parental responsibility