Under Indian Law the maximum importance is given to the best interest of the child and so either parent does not have a clear primacy to be granted the custody of the child. After the dissolution of marriage, custody of a child can be given as joint physical custody, sole custody or third party custody. The Guardian & Ward Act, 1890 is the universal law pertaining to issues involving child custody and guardianship in India, regardless of the child’s religion. However under secular principles, India also sanction laws pertaining to different religions.
For the first time in India, the concept of share parenting has been proposed to give joint custody rights of a child to both parents in case of divorce equal legal status with respect to guardianship and custody.