In India, the law does not provide any special provision regarding the custody of girl child. The law generally provides the criteria and procedures to be followed by the Court while dealing with child custody. However, the Muslim Personal law provides the specific provision that mother is entitled to the custody of her male child until he has completed the age of seven years and of the female child until she has attained puberty (i.e. at the age of 14or 15 years generally) unless found guilty of misconduct. Section 6 of Hindu Minority and Guardianship Act, 1956 provides that custody of minor child who has not completed 5 years shall naturally be with mother. Except these two specific directions, all the custody laws provide that best interest of child or welfare of child should be the paramount consideration for Court while deciding custody. These two specific directions can be ignored by Court if it conflicts with best interest of child.
A Petition to get child custody is made under Section 26 of Hindu Marriage Act, 1955 or Section 7 of Guardian and Ward Act, 1890 (especially in case of Muslims, Christians and Parsis).
Section 17 of Guardian and Ward Act provides that the Court should consider the personal laws to which child is subject and welfare of child. So the Court tries to strike a balance between all laws and grant custody for the better interest of the child.
Section 13 of Hindu Minority and Guardianship Act, 1956 and International legislation of Convention on Rights of Child held in 1989 also provided the best interest of child as a factor to be considered by the Court for custody.
So in India, the main criterion to decide the custody of a girl child is her best interest. The parent in whose custody, the child’s best interest can be ensured will get the custody. Usually in many matters the Court has granted the custody to mother especially in cases of girl Childs. But it doesn’t mean that father cannot have the custody. In recent judgment DSG vs. AKG, on 16 December 2019, three judge bench of Supreme Court including Mr. Justice U.U. Lalit, Ms. Justice Indu Malhotra and Mr. Justice Krishna Murari granted custody of the minor daughter to the father, and visitation rights to the mother while upholding the principle of best interest of child.