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 …[Continue Reading]
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 …[Continue Reading]
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 …[Continue Reading]
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 …[Continue Reading]
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 …[Continue Reading]
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