Subsequent to Law Commission’s report and recommendation on Shared parenting and Joint Custody to Law Ministry, a Mumbai family court has ordered both mother and father to jointly share custody of their six years old daughter.
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Shared parenting plan ordered for warring couple
In a landmark order, the family court in the city has for the first time set out a shared parenting plan for a warring couple fighting for divorce on the grounds of cruelty and for custody of their child. By this order the estranged couple gets almost equal days -split six months down the year -with their six-year-old daughter as an interim measure till the disposal of the divorce plea.
The child was in the physical custody of the father and the order brings relief to the non-custodial mother. The child will be in physical custody of the father from January 1 till June 30 and with the mother for the remainder of the year. Vacations will also be split equally. The father is a doctor, the mother a nurse.
While this is an order for interim custody, there is already a judgment for shared custody of child by Karnataka High Court in another case earlier.
The release of report by law commission has been a factor leading to this bold step by the judge, which seemingly in this case takes away full custody rights from father and grants shared custody to both parents, but the same argument and precedent can now be used by fathers to get shared custody in their cases.
In developed nations, the law requires that the court-ordered parenting plans must set forth the minimum amount of parenting time and access a non-custodial parent is entitled to have, said the judge and set out a general format for a similar plan in he city. “This is a first occasion in history of family court Mumbai that by judicial order this court is handing over a parenting plan to parties to follow as an interim measure,“ said he judge.
Another important point is that apart from physical custody, there is direction given about freedom of communication of child with both parents via telephone or internet, which is quite necessary given the fact that many parents may be living at a distance if in same city; or even in different cities; and in those cases not having a communication with child means the child will tend to forget or have a ‘visiting’ type of relationship with the non-custodial parent. I take the following measure to be very important because in India such orders are not made at all, given that the standard visitation orders in Indian family courts are for 2 visits for 3 hours each in a month. That becomes more of a joke with routine disobedience of the order by mothers mostly, and the child almost tends to forget the non-custodial parent, fathers in most cases.
It said: “Both parents have a right to unimpeded telephone and webcam conversations with the child at least twice a week. And the right to send gifts with no censoring and receive news on any illness..“
Of course, the divorce industry, feminist lawyers, and some perennially oppressed so called women-empowerment wallahs will feel distressed by this order, because even though it gave relief to the woman in the case; in the long run it could be a major deterrent to using children as bargaining chips in maintenance and divorce proceedings by women. Now it’s up to men to take it forward and make sure that such orders become more and more common, rather than merely trying to find a good divorce lawyer and asking MRAs about “how to get rid of my cases”. There will never be any good divorce lawyers for men, period! The society will not let a man out of marriage easily no matter whether he is at fault or not; and anyway when there are children in marriage, all arguments about cruelty of wife have to be taken separately from welfare of children, but that common sense argument is lost on many men in my experience.
Hi All,
We got married in Nov 2013 and got separated in 2015 from the time she went to delivery.I have a girl child 5 years old.Past 6 years she never returned back.
I have sent personal e-Mail stating you have taken your valuable and separated more than 2 years long time before marking her family and friends in the E-mail and her company ID and gave time to come back still no response now she is coming back after 6 years not bothered how I am and Now coming back and asking for divorce with alimony.
a. Ex-Party ::
Now she has filed a Divorce with alimony in Jan 2020.
Request you to let me know if the case has become Ex-party husband not attending to the case. What the means she can claim the alimony amount 70 lacks mentioned in the Divorce case for both herself and child.
Note: She has international work experience about 16 years and want to settle in abroad with child separating from father. Please advice.
b.She has forged my signature and change the deposit names from my name to her name and mother name valid proof available.
c.How to get custody of the child and how to should I go about and passport holding in court.
d.How make her stay in India ?
With Regards
Sunny.
Ex parte means you are desperate to get divorce. It will go against you.
Not enough information to advise about child. Why not file child custody case if you really care to keep the child in India and be part of her life?
For forging signature, you can file a criminal case, but I guess that is not part of your mindset. In fact, it could help you in child custody case, too showing moral turpitude of the mother.
Questions c and d can be handled by filing criminal and child custody cases as mentioned above.
Dear Sir,
I got married b4 three years and having two boys aged 1.6yrs and 6months old. From the time I got married she is of suspicious nature and aggressively fighting. Using filthy words which no educated girls will use. Mean time her parents and brother and her sister everyone came to my home before two years and broken our furnitures and pressed my mother’s neck in attempt to kill her and beaten me. We had file case on them, police people wished to have peace talk but they never turned. Later on as she was requesting so much I accepted and lived but her nature never changed quarrelling always.
Recently, I moved to different state on work ground she had left my mother outside the house and locked the door and went to her native with key and my mother’s mobile and keeping it switched off. After three days my mother managed to open the door with the help of carpenter. more than two weeks over still she is refusing to return the key and mobile. Since we managed open the door again she is quarrelling over phone like how can you open the door which I had locked. Very small small petty reason she makes as big and then throughout the day keep on scolding with filthy words. Earlier she often tried to commit suicide. Now she threatening like I will write suicide note and kill children and myself. Please suggest me through mail. Thanks in advance
How many proofs have you collected so far? With such psycho woman who threatens to kill the kids too (threatening to kill oneself is almost favourite pastime of such women), you should seriously think of filing child custody case and get the kids with you. Her other behaviour also points to the fact of her being unfit parent to raise the children.
Other advice will go into area of divorce, which is something you will have to learn yourself.
i want divorce from my wife because m not able to live with her bcz of family pressure marriage she is having 3 month child so that i want to get rid out this situation as soon as please suggest me.
If a woman says she married due to family pressure, many people will come to rescue the damsel in distress. They will suggest her to get out of ‘abusive’ marriage, tell her that “law is in favour of woman”, and so on.
However the same logic doesn’t apply to a man, and esp why did you have a child? Again, family pressure I suppose! And you want to get rid of her now, again because of family pressure probably. I hope your family only can help you in becoming an escape artist.
I iwant to divorcee my wife as the time of marriage she was physically fit according to me, my in laws hides her daughter physical fitness, I don’t get appeal of sex , but by forcefully by her we wade sex in a few no of time with in 3 yes of marriage, by this I have 11 month daughter and I want divorcee any how , plzz help me out
After having a child is the wrong time to ‘discover’ that wife is not giving ‘appeal of sex’. Now your only hope is to find a very very very good divorce lawyer to ‘help’ you out.
My wife left me,along with my son, 4Years 6Months to her father house.Her father practice in Kolkata Hicourt. She always insisted with her father words. She never care our word. Her father always try to involved our family matters.She left with all jewellery necklace, which is given from our house.till date she hasn’t any file any case.Now position is unpredictable and she and her father keeps prasser over phone to me & my parents. Her father also keep communicate with my office & our resident neighbours.
You can ask this hi-court practising but low(life) standards father in law to stop communicating to your office, or even neighbours. Send him written message/letter and if he still doesn’t stop file for injunction in civil court. Don’t be the weak helpless guy, unless you love being pitiable.
You haven’t mentioned your own location. If remote from child, File child custody case and ask for remote skype/telephone talk to children 3-4 times a week, along with 20 days in summer vacation, and 10 days in other vacation. If in same city, you can ask for regular meetings with child and overnight access too.
People even those having children sit on their butts for years doing nothing hoping things will happen by themselves. After that time, even if you file child custody it will become practically useless.
My wife left with my 7 months old boy to her father and mother and she is not at all willing to come back to my home.
How can i get my son back as i cannot live without him.
What should I do so that my wife and son comes back to me?
>>What should I do so that my wife and son comes back to me?
For child you can file child custody, but legally there is no way to bring wife back … law doesn’t prescribe any duty on wife to live with husband
Can you please email the judgement copy to me. I do not find it here. Tried to search for it and cannot find it.
The report by law commission will also be beneficial.
If you try to search in google search box on top right of this site, you will find both on this site itself.
Can you provide the judgement in pdf. I am trying but not getting. Only judge name is given. I need it badly.
It was interesting,becoz I am confused by my wife family members
Muchas Gracias!