Welcome 2022! In a fresh approach towards the custody of children in divorce cases, the Punjab and Haryana high court has advised the central government to take steps for introduction of Shared Parenting concept in marriage disputes at the level of initial stages, when matter reaches before police and trial courts.
The bench of Justice Ritu Bahri and Justice AK Verma was hearing a divorce plea, wherein additional solicitor general Satya Pal Jain had apprised the court that the ministry of law and justice proposes amendment in the Guardianship and Wards Act, 1890, and various Sections of the Hindu Minority and Guardianship Act, 1956. As these fall under concurrent list as per the Constitution of India, the department has sought views of all the state governments, he had told the court.
The high court bench observed,
If the concept of shared parenting is advised to the parents at the initial stage, they will not have to travel for years in the courts.
The bench added that even the Law Commission report of 2015 states that the child has a birthright to meet his parents as well as grandparents.
As reported Business News Press, the bench appreciated the transfer and additional noticed that it was seized of a lot of circumstances by which emotional and psychological wants of the kid are usually not being correctly taken into consideration whereas deciding the divorce petitions. The courtroom referred to a case whereby when youngster introduced earlier than the courtroom was crying always as she didn’t wish to lose the corporate of each the dad and mom.
The bench additionally requested amicus curaie within the case, Divya Sharma, to help courtroom as to what sort of infrastructure shall be required for fixing the issues of the youngsters the place dad and mom are searching for separation. It added that the idea of shared parenting may also be prolonged on the preliminary stage when events method the police station.
In Chandigarh itself there are 1700 complaints pending within the police stations with respect to home disputes, the bench added.
- The bench additional referring to 2015 report stated that many disputes could be resolved by mediation. Nevertheless, within the case of mediation skilled help could also be required as neither the courtroom nor the mediators are certified to know the kid psychology
- A time-bound decision is a key issue to realize the final word goal of making certain that the welfare of the kid is met
- The kid assist ought to proceed after the kid attains the age of 18-years and the interval could prolong until the kid reaches the age of 25-years, says the 2015 report searching for bringing of guardianship regulation in India within the tune of contemporary social issues
The report further states,
Youngsters are the worst affected in proceedings of divorce and household breakdowns. Typically, dad and mom use youngsters as pawns to strike their very own bargains, with out contemplating the emotional, social and psychological upheavals that the youngsters could face.
India has a practice of always giving supremacy to one parent when it comes to who will take care of a child. The concept of shared parenting proposes awarding joint custody of children in divorce cases or awarding custody to one parent, in exceptional circumstances, but visitation rights to the other.
- This is surely the way all courts must approach and safeguard the interest of children during divorce cases
- Children are not mature when minor, and often get swayed by brainwashing of the custodial parent
- This results in extreme hatred and blurred vision against the non-custodial parent, most often the fathers
- Its time Shared Parenting becomes a norm and eventually a law, where separated fathers won’t be at the mercy of those mere 2-hours visitation in a fortnight/month, to see their own children
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