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Custody of male child based on Right to practise religion, inter-caste


06-Oct-2023 (In Divorce Law)
We are inter-caste couple, my wife has taken away the child and I have filed divorce and child custody. I am Brahmin, vegetarian and wife is Kshatriya, non-vegetarian. Now, our 2 year old son has been taken away by mother. If he grows up with her, he would be raised by her as a Kshatriya, eat non-veg. Can I get custody of child based on Article 25 of Constitution? Since she is from different caste and knows only her Kshatriya customs, she cannot raise my son to be a Brahmin
Answers (1)

Answer #1
575 votes
you cannot get the custody of child based on this ground but if you can put forward a thing that the child that there will be better development and wellbeing of the child if the custody is given to you then the court can grant custody, the welfare of the child is the foremost consideration in deciding to whom the custody should be given, further as the child is only two years old you have to give very strong reasons to get the custody, further as the child is two years only normally child below 5 years will be mother or given to mother because of the tender age.
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