Introduce shared parenting concept at beginning of marriage disputes: HC

The high court bench observed that “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 said, adding that even the Law Commission report of 2015 states that the child has a birthright to meet his parents as well as grandparents
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 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.
Published on Jan 01, 2022 01:10 AM IST
Copy Link

Chandigarh: 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 high court bench of justice Ritu Bahri and justice AK Verma observed that “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 said, adding that even the Law Commission report of 2015 states that the child has a birthright to meet his parents as well as grandparents.

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.

The bench 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 bench appreciated the move and further observed that it was seized of a number of cases in which emotional and psychological needs of the child are not being properly taken into account while deciding the divorce petitions. The court referred to a case wherein when child brought before the court was crying constantly as she did not want to lose the company of both the parents.

The bench also asked amicus curaie in the case, Divya Sharma, to assist court as to what kind of infrastructure will be required for solving the problems of the children where parents are seeking separation. It added that the concept of shared parenting can also be extended at the initial stage when parties approach the police station. In Chandigarh itself there are 1700 complaints pending in the police stations with respect to domestic disputes, the bench added.

The bench further referring to 2015 report said that many disputes can be resolved through mediation. However, in the case of mediation professional assistance may be required as neither the court nor the mediators are qualified to understand the child psychology. A time-bound resolution is a key factor to achieve the ultimate objective of ensuring that the welfare of the child is met. The child support should continue after the child attains the age of 18 years and the period may extend till the child reaches the age of 25 years, says the 2015 report seeking bringing of guardianship law in India in the tune of modern social considerations.

“Children are the worst affected in proceedings of divorce and family breakdowns. Often, parents use children as pawns to strike their own bargains, without considering the emotional, social and mental upheavals that the children may face,” the report notes.

SHARE THIS ARTICLE ON
Close Story
QUICKREADS

Less time to read?

Try Quickreads

  • Locals, the officers said, help a great deal when they go on raids. 

    Case File | The Capital's A-Team to arrest ‘Proclaimed Offenders’

    On September 3 in 1997, a murder was reported in Northeast Delhi's Gokulpuri. The next year, the man identified as Raj Kumar — then 25 — was declared a proclaimed offender (POs). Twenty years later in 2017, while riding a rickshaw in the lanes of Uttar Pradesh's Banda district, Raj Kumar was caught and arrested. Once declared as a proclaimed offender by the court, the person can be arrested at any time.

  • The incident has been recorded in the CCTV cameras installed in the hotel after which police arrested the accused on Tuesday. (REPRESENTATIVE PHOTO)

    Ex-Inspector General of Police's son murdered in Pune, five held

    Pune police have arrested five persons for murdering a 33-year-old man at Ambegaon Budruk. The victim Narendra Raghunath Khaire (33), has been identified as the son of former Inspector General of Police Raghunath Khaire. The incident took place on June 26, when the victim was brutally beaten up by the accused persons over a brawl about two-wheeler parking. Narendra, who was an HR manager in a private company, was in a hotel on June 26.

  • Delhi CM Arvind Kejriwal (HT PHOTO.)

    Delhi govt to procure 1,950 buses soon; 11,000 buses in city by 2024: Kejriwal

    The Delhi government will procure 1,950 buses and issue fresh tenders for another 4,800 buses, taking the fleet to over 11,000 on the capital's roads by December 2024, Chief Minister Arvind Kejriwal on Wednesday. He also said the Delhi government has decided to extend the free ration scheme till September 30. The chief minister said his government will hire experts to roll out its urban farming initiative that was announced in the budget.

  • Gharials live in deep fast-moving rivers, feed on fish and require sandy banks for nesting. (HT file picture)

    Uttarakhand: 50 gharial hatchlings spotted near Corbett in Haldwani

    In a rare sighting, fifty gharial hatchlings were spotted on the banks of Ramganga river passing through Corbett national park on Monday. Wildlife specialist of Corbett tiger reserve, Dr Shah Bilal said that the breeding season of gharials begins in February. The Corbett tiger reserve conducts an aquatic animal census every year. In last year's census, 152 crocodiles, 116 otters and 98 gharials were recorded. Ghariya's limited population now exists within four tributaries Ganga, Chambal, Girwaand-Son, in India, and Rapti-Narayani river in Nepal.

  • Narasimha temple. (HT PHOTO)

    Sutradhara’s Tales: The endangered abode of Pune’s Narasimha!

    The growing city and the chaos of urban sprawl make most compelling demands on the city's heritage. The case in point here is a lone temple of Lakshmi Narasimha at Sadashiv peth or Karkolpura of yesterday years. Unlike temples of Shiva, Vishnu and different goddesses, temples of lord Narasimha are relatively rare in the city. The lord advised His descendent, Ganesh Bhat Joshi to rescue him from the cactus trees where the former's idol was left unattended.

SHARE
Story Saved
×
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Wednesday, June 29, 2022