Is any family court Judge empowered to disturb the custody of children under section 125 Cr.PC?
The Custody of the child can not be altered/disturbed under section 125 Cr.P.C. but under section 26 of the Hindu Marriage Act,1955 in case any proceeding pending under the Act or the provisions of the Guardian & Wards Act read with the provisions of the Hindu Minority and Guardianship Act,1956 . Section 125 Cr.P.C is for providing monthly maintenance for the Minor Child. Family court has jurisdiction to deals with all matters concerning the family whether it is marital dispute such as dissolution of marriage, maintenance or custody of the child etc but under the relevant Act only.
