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How The New Custody Proposal Is Beneficial For The Child?

  • JWB Post
  •  June 29, 2015

A recent article on HuffPost caught our attention that talks about the various amendments in Indian divorce laws and their impact on the children of separated couples.

Mentioning the recent Law Commission’s proposal on shared custody for the children of divorced parents, it said: the most important aspect of the proposed changes is joint custody of children in the case of a divorce, keeping the welfare of the child as the supreme objective. Justice AP Shah has proposed sweeping changes in the custody arrangements for the children of divorced parents. Essentially he has recommended amendments in The Hindu Minority and Guardianship Act and the Guardians and Ward Act, 1890.

Speaking of the child welfare, it is important that the child gets nurturing from both father and mother. One parent alone can’t do justice to the child’s growth and groom his future. However, it is sad seeing couples fight in the courts for the child custody. Though they claim to love their child, in most of the cases neither of them is willing to resolve their differences like mature adults.

Coming back to the Law Commission, it has mentioned that parents must support their child aging between 18 to 25 years, keeping in mind their academic and medical needs. In this way, the child will never suffer financially. Most importantly, this will also keep a check on fathers who, all of a sudden, don’t want to pay alimony and make their wives suffer knowing that they are the only earning member of this family.

The article also mentions about the Hindu Minority and Guardianship Act of 1956 and Guardians and Wards Act of 1890 that both provide for the supremacy of the “paternal right” – showing the father as the natural guardian. However, the proposed amendment in the Law Commission demolishes the concept of supremacy of one parent or the other as the natural guardian. That’s empowering for the mothers, right!

At that, it reminds us of the new amendment in Section 125 of the CrPC for Muslim women where the divorced women can seek maintenance from their ex-husbands. This also includes supporting their child’s life.

On a light note, see this video made by a small boy talking about how divorce of his parents has made his family’s life beautiful.

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