Joint custody of child concept exemplary: HC

• Source: 8 Jul 2015
• Hindustan Times (Mumbai)
• Ayesha Arvind ayesha.arvind@hindustantimes.com

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MUMBAI: The Bombay high court (HC) last week upheld that the concept of joint custody of a child, which was recommended by the law commission, is exemplary and must be implemented increasingly. This was observed while the HC was hearing an appeal against the Bandra family court’s recent landmark order on joint custody. The family court, in line with the recommendations of the law commission, had set out a parenting plan for an estranged couple and granted both parents six months each with their daughter.

Although it stayed the implementation of the parenting plan notified by the family court detailing the shared custody in its order, the HC directed the estranged couple to equally divide the primary custody of their minor daughter for 20 days on a trial basis.

The HC order came after the father of the six-year-old child, a doctor who lives in Chembur, pleaded that the family court’s order was “hasty and erroneous”. His counsel submitted before the HC that following the law commission’s recommendation, the family courts have begun to rampantly order shared custody without taking in the consent of both parties, sometimes, even “threatening couples with contempt” if they refuse to implement it.

“These courts are trying to force couples into submitting to the consent terms of the parenting plans. This is becoming an increasing trend in family courts. The concept is still in an embryo stage. Let us not make it into a full grown child,” said senior counsel Rajani Iyer.

HC, however, ruled that the concept of shared parenting and a parenting plan whereby both parents make equal effort towards bringing up their child was commendable.

“The concept though new is noble and hence, the enthusiasm shown by courts. Sometimes, courts take an eager stand and so it comes as a shock to litigants. However, till the courts are keeping the primary objective of ensuring the welfare of the child, these orders can be worked out,” said justice Mridula Bhatkar.

HC has now ordered the city couple to keep the child with them for equal number of days till July 23, the next date of hearing.