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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. If custody is given to her, the court would violate/invalidate my son's fundamental right to practice religion? Section 17 of G&WC says child's religion should be considered while granting custody. According to Article 25 of Constitution, my son has a right to practice his religion, which would be violated, if she raises him.
It is important to note that there is no specific law in India that mandates the religion of a child to be considered when awarding child custody. However, courts have taken into account the religion of the child as a relevant factor in some cases. In the specific case you have described, it is possible that the court may consider your son's right to practice his religion when making a decision about child custody. However, the court will also weigh other factors, such as the best interests of the child and the ability of each parent to care for the child. Contact us for further enquiry.