This May 2015 judgment of Mumbai Bandra family court is the first in India which in an interim child custody/visitation order, has asked both mother (petitioner) and father (respondent) to make a parenting plan, and has created a shared parenting plan based on those submitted by both of them. It has also explicitly refers to benefits and necessity of Shared Parenting in child custody matters, and to December 2014 recommendations of Law Commission on shared parenting. Following are the main points of the judgment: 1. It has divided the interim custody of daughter for 6 months of the year each to father and mother. There is another Sep 2013 judgment of Karnataka HC which did something similar, but that order was not based on creating a shared parenting plan and did not refer to that … [Read more...] about Mumbai Bandra Family court judgment on joint equally shared custody based on parenting plan
Child Support
Delhi sessions court asks woman to find job within a year, grants maintenance
In an encouraging development for married men - and maybe women too who don’t believe women should be living like parasites – a Delhi sessions court has asked a woman who asked for maintenance to find work within 1 year. Even though additional maintenance amount of 10,000 was granted for 1 year, the condition to find work seems unbelievable because of the maintenance regime in the India so far has been just-ask-for-maintenance-you-will-get-something-no-matter-your-own-role-in-the-problem. From: Delhi court asks woman to find job within a year, grants maintenance "The woman shall during the period of one year look for a job and start an independent life. After the conclusion of one year, respondent (husband) shall not pay the maintenance of woman," Additional Sessions Judge Anuradha … [Read more...] about Delhi sessions court asks woman to find job within a year, grants maintenance
Both parents are responsible for unmarried daughter’s maintenance
It seems points of law can get clarified only when an unusual case arises and someone takes it all the way to high court or supreme court. http://timesofindia.indiatimes.com/city/mumbai/Child-cant-pick-parent-to-seek-maintenance/articleshow/5753124.cms MUMBAI: Can a child choose from which of her two separated parent she wants maintenance or funding for higher education? In a recent but unusual case, a Bombay High Court order may have ensured that the girl, no longer a minor, who had sued her father for child support may now get her mother, in whose custody she is, to chip in as well. The HC allowed the plea of a 56-year-old man to make his ex-wife a party to case for maintenance filed by his daughter against him. Justice Roshan Dalvi set aside an order passed by judge V J Lohiya … [Read more...] about Both parents are responsible for unmarried daughter’s maintenance
Child support and custody is shared by both parents in Hindu Family Law
There is a common perception that custody of child goes mostly to mother because that is the law. Or child support is to be borne by man because that is the law. Actually nothing could be farther from the truth (or law). Child custody is decided based on principle of paramount welfare of the child. Mostly both parents are ill-advised by lawyers to ask for full custody of the child, and given impracticality of such an arrangement the primary custody normally goes to mother with visitation rights for the other parent. If the parents decide to have shared custody of child the courts cannot by law overrule such an arrangement. So it results that in most court cases the primary custody of child goes to mothers, and child support being paid by fathers. But the law especially Hindu Family … [Read more...] about Child support and custody is shared by both parents in Hindu Family Law
Child support and custody is shared by both parents in Hindu Family Law
There is a common perception that custody of child goes mostly to mother because that is the law. Or child support is to be borne by man because that is the law. Actually nothing could be farther from the truth (or law). It is just that most of the court cases lead to primary child custody being granted to mothers, and child support being paid by fathers. But the law especially Hindu Family law is gender-neutral in both aspects. It is only on case by case basis that a decision can be made about both custody and child support. The bare acts say that Custody and maintenance of children are to be shared by both parents as per HMA and HAMA. CrPC 125 is the only one solely laying responsibility of maintenance child on man. (Because it does not apply to woman) . About maintenance … [Read more...] about Child support and custody is shared by both parents in Hindu Family Law