After my divorce in Kolkata, how do I get guardianship of my child?
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Below is a comprehensive legal analysis based on Indian law for your question.
Guardianship is governed by the Guardian and Wards Act, 1890 and personal laws, and you can file a petition before the family court or District Court in Kolkata seeking guardianship or custody. The court considers the welfare of the child as paramount, including age, education, and the parent's capacity. The mother is the natural guardian of a child below five under Hindu law, but the father can seek custody on welfare grounds. The order is appealable to Calcutta High Court. West Bengal Premises Tenancy Act 1997 on juvenile justice may interact, but the central Act governs. Visitation rights are granted to the non-custodial parent. The court can modify custody on changed circumstances. Interim custody can be sought during pendency.
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