Answer By law4u team
Yes, a parent's past conduct can be considered while deciding child custody in India. The court may take into account the conduct of both parents, including their past conduct, in determining the child's welfare and the custody arrangement. Section 13 of the Hindu Marriage Act, 1955 provides that the court shall, while considering the welfare of the child, take into account the conduct of the parents, including any allegations of cruelty, adultery, or desertion. In addition, the Guardians and Wards Act, 1890, provides that the court shall consider the moral and material welfare of the child while deciding the custody arrangement. The court may also take into account the conduct of the parents, including their past conduct, in deciding the child's welfare. However, it is important to note that the court will not base its decision solely on the past conduct of the parents, and will consider various other factors such as the child's needs and best interests. The court will also consider whether the past conduct of the parent has a direct impact on the child's welfare and whether it will affect the child's future upbringing.
