Divorce Guide

Divorce Guide


Children and law


Children are the future of any country and every country thrives to give the utmost protection, the best education, safest environment to live and free culture to them so that they can become the driving forces and foundations of the nation. A force which drives all the nations of the world today is law. Law is unquestioningly the zeitgeist of the 21st century. The world is moving at very fast pace and in today’s capitalist world, the focus has shifted from morality to legality. Hence children and law need to be weaved together in a very sensitive, coherent yet a strong web for a nation’s progress. Be it any nation, no law can deny that the children are the most important part of a country. Yet their innocence and failure to fight for their rights has caused the letter of the law to fade away a bit.

Children are dealt with very sensitively by law. The acts passed and laws made always keep in mind children and their innocence is presumed. It is assumed from the start that a child cannot do any wrong until and unless under the influence of an elder. Hence, the laws created for them are a lot less severe and a lot more lenient at punishments. Some instances are the facts that a contract made with a child, minor to be precise, is considered void until it is in the favour of the child. Children are tried in the separate juvenile courts and are also kept in different cells, if convicted. Punishments for children are also less severe and are generally of short duration.

The children may seem the worst of his life has to offer when he witnesses the parting away of his parents via a divorce. At such a juncture, the young, growing mind may be affected and the memories etched forever. The law keeps the welfare of the child and his maintenance and future at the foremost in a divorce case. Custody of the child is given to a parent only after making sure that the parent can afford his expenses and a proper allowance is also set by the court.

A child’s wish also is of great concern in such matters. The will and wish of the child is always asked and given high importance as to with which parent the child would want to live. The child’s testimony is given fair amount of priority over the parents’. It is generally also observed that in case of two children, the custody is given of one child to each parent. In cases, where the child was a girl-child, the custody is given to the mother with father ordered to provide for her due maintenance via the child maintenance allowance as fixed by the court. It is also not uncommon that the wish of a child to be with a certain parent is given high priority and the court has given the custody to that parent.


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