Child custody and maintenance matters are often the most emotionally sensitive aspects of matrimonial disputes. Whether you are a parent seeking custody, visitation rights, or rightful financial support for your child, or someone defending against unfair demands, Advocate Neha Gund offers expert legal assistance rooted in compassion and strategic clarity.

Understanding Child Custody in India

Child custody refers to the legal guardianship and responsibility for a minor child after separation or divorce. The court’s primary concern is always the welfare and best interests of the child.

Types of Custody:

• Physical Custody: The child resides with one parent, while the other may have visitation rights.

• Joint Custody: Both parents share custody and responsibilities, either alternately or jointly.

• Legal Custody: The right to make decisions regarding the child’s education, healthcare, and welfare.

• Third-Party Custody: In rare cases, custody may be granted to a guardian other than the parents, if both are deemed unfit.

Understanding Child Maintenance

Maintenance refers to the financial support provided for the upbringing of the child, including education, healthcare, nutrition, and general well-being.

Legal Provisions:

• Section 125 CrPC – Right of the child to maintenance from parents

• Hindu Minority and Guardianship Act, 1956

• Hindu Adoption and Maintenance Act, 1956

• Guardians and Wards Act, 1890

• Personal laws applicable to different communities (Muslim, Christian, Parsi, etc.)

Legal Services Offered by Advocate Neha Gund

Custody Matters

• Legal advice on your custody rights

• Filing for physical/legal/joint custody in Family Courts

• Representation in custody trials and appeals

• Negotiating and formalizing parenting plans

• Securing visitation rights or supervised access

Maintenance Claims

• Drafting and filing maintenance petitions under Section 125 CrPC or personal laws

• Calculation and negotiation of fair maintenance based on income, lifestyle, and child’s needs

• Enforcement of maintenance orders through execution proceedings

• Defending against exaggerated or fraudulent maintenance claims

Agreement & Mediation

• Drafting child custody & maintenance agreements

• Mediation and settlement negotiations to avoid prolonged litigation

Modification of Orders

• Filing for enhancement, reduction, or cancellation of existing maintenance or custody orders due to changed circumstances