The need for shared parenting
The Hindu
What are the custody laws in India? Are the best interests of the child maintained through these laws?
Court justice is justice, according to the law. With access to courts in child custody matters getting tougher with the return on restrictions on court hearings during the pandemic, non-custodial parents and children are again at the receiving end. Seeking custody of a child in the event of a marriage breaking down is a messy affair. While the concept of shared parenting is a reality in countries such as the U.S., the U.K. and Australia, it is not an option in India. Here, antique laws rule the roost.
Two laws determine the custody of children in India. The first is The Hindu Minority and Guardianship Act (HMGA) of 1956, which states that the natural guardian of a Hindu minor boy or unmarried girl shall be the father and mother, provided that custody of a minor who has not completed five years of age shall ordinarily be with the mother. But the HMGA does not contain any independent, legal or procedural mechanism for deciding custody rights or declaring court-appointed guardians.