A Relook At Custodial Legal Framework: An Argument For Shared Custody Between Parents
“.We have also interviewed minor child in our chamber. This article explores how the legal concept of “the best interest of the child” as understood in the current law governing the Hindus as well as two secular laws - the Guardianship and Wards Act, 1890 and Juvenile Justice Rules, 2007 has been used by Indian Courts to determine the question of a child's custody. An interim order granting custody to one parent effectively means that a child is relegated to a zone of broken or partial parenting till the court makes its final determination. There is absolutely no inherent contradiction between pursuing the best interest of the child and the concept of shared custody, the law needs to provide for this option as the default option. An ideal example of joint custody can be seen in a 2011 judgment of the Karnataka High Court, which used the concept to resolve a custody dispute involving a twelve-year old boy wherein it was ruled that both parents are entitled to get custody “for the sustainable growth of the minor child.” It is also imperative that the suitable legislative measures are undertaken to streamline the aspect of visitation rights wherein joint custody cannot be worked out.
![Child Has Right To The Affection Of Both His Parents, Says SC [Read Order]](/static/images/error.jpg)
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