Overview
The paramount consideration in custody is the welfare of the child. We pursue and defend custody and guardianship petitions with a careful balance of child psychology, parental rights and judicial precedent.
Custody mandates run alongside matrimonial proceedings or independently. The Guardians and Wards Act, 1890 (for non-Hindus and as overarching framework) and the Hindu Minority and Guardianship Act, 1956 (for Hindus) provide the statutory backbone. Recent Supreme Court rulings emphasise the child's welfare over parental rights — particularly Roxann Sharma, Yashita Sahu and Tejaswini Gaud.
For NRI and inter-country mandates, we apply Hague Convention principles (though India has not signed, courts respect comity), passport impounding remedies, and Look Out Circular issues. Several of our mandates involve coordinating with foreign counsel for parallel proceedings.
Reliefs We Pursue
- Permanent and interim custody, visitation & access
- Guardianship petitions for minor's property and person
- Inter-parental child abduction & passport impounding
- Foreign court orders & their enforceability in India
- Adoption procedures under HAMA & JJ Act
- Modification of existing custody orders on changed circumstances
Welfare Principle in Practice
Indian courts conduct an independent inquiry into the child's welfare, which includes physical, mental, emotional, educational and moral well-being. The court interviews the child (where age-appropriate), considers the home environment, parental conduct, financial stability, and continuity of care. Parental gender alone is not determinative — fathers regularly secure custody where welfare requires.
International Custody Disputes
Where one parent removes the child to/from India, the receiving court conducts a welfare inquiry. India is not a signatory to the Hague Convention, but the Supreme Court has applied principles of comity, child's welfare and home jurisdiction in cases like Surya Vadanan, Lahari Sakhamuri and Vasudha Sethi. Speedy decisions matter — delay strengthens the abducting parent's position through 'settled status'.
Statutes & Regulations
Key laws governing this practice.
Who This Is For
Audiences we typically advise in this area.
- Parents in matrimonial proceedings seeking custody
- Grandparents seeking visitation or guardianship
- NRIs facing parental abduction issues
- Separated parents seeking modification of orders
- Adoptive parents needing legal formalisation
Recent Outcomes
Anonymised matter highlights.
Sole Custody Decreed to Mother on Welfare Grounds
Following matrimonial proceedings, mother granted sole custody of two minor children with structured visitation. Father's history of relocations and erratic conduct considered by Family Court.
Foreign Court Custody Order Refused Enforcement
Father obtained ex-parte custody order from US court. Indian court refused recognition under Section 13 CPC — held welfare inquiry was paramount and the child had been settled in India for over a year.
Outcomes are matter-specific. Past results are not a guarantee of future performance.
Why K & K
Strategic differentiators in this practice.
- Multi-disciplinary team coordinating child counsellors & psychologists.
- NRI custody & Hague Convention strategy expertise.
- Patiala House Family Court appearance experience.
Frequently Asked
Questions our clients ask first.
Serving Delhi NCR & Beyond
Our office at A-197, LGF, Defence Colony, New Delhi 110024 is the operating base for clients across Delhi NCR — Gurgaon, Noida, Faridabad, Ghaziabad — and pan-India through a vetted local-counsel network. We routinely appear at Saket, Patiala House, Tis Hazari, Karkardooma, Rohini and Dwarka District Courts; the Delhi High Court; and the Supreme Court of India.
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