DJN Blogs

Pooja Kriplani, pursuing BBA LL.B. (Hons.), from Amity University, Rajsthan.

Date: 02.12.2020



Guardianship and custody governed by the law which linked closely together guardianship refers to a bundle of rights and power that an adult has about the person and property of the minor. On the other side custody is a narrow work concept relating to the upbringing and day-to-day care and control of the minor, the term custody is not defined in any Indian family law whether secular or religious and the family court defines legal guardianship of a child under the age of 18. At the time of the revolt of parents for marriage annulment mint proceedings, the issue of child custody of them become a matter for a quote to determine in most cases both parents continue to share legal child custody but one parent gains physical child custody, It was decided by the family law courts generally the decision was based on the best interest of the child or children not always on the best argument of each parent. Under presumptions, it was presumed that a mother inherently superior caregiver to children. what does not place Emphasis is not on the maternal presumptions but whether on the best interest of the child, the court found that a child’s best interest is served by having both parents retain custody court will Divide custody this allows both parent equally play a role in child development which is known as shared parental custody and guardianship.

Parental responsibility and guardianship

All my minor children are subject to either parental responsibility or guardianship parental responsibility is exercised by the child-parent. Guardianship is exercised by someone who is not one of the child’s parents. It is up to the person or persons with parental responsibility are on the guardianship to make decisions about child care and upbringing and to administer the child property.

Share parenting

Share parenting is a method of parents to think that allows both parents chance to actively parents in their child’s life more and more. Parents are moving away from traditionally custody agreement that consists of custody land non-custodial parent every other weekend,  it becoming less common as more parents are realizing that painting is not only a right it is our responsibility, and children need to have both parents as actively participates in the life. In shared and joint custody agreement both parents are physical custody span parenting time with their child and both stand ample amount of time with them when parents share custody involving of each parent will usually have the child at least 30% of the time and same parents to split the child time as early as possible the role of both parents are also important in their child life responsibilities for making the important decision in the child life to afternoon parents remain together in spelling relationship to stick together for the kids because they don’t want their child to have to be a shuttle back and forth between homes they don’t want their child to have to go a long period of time without seeing parents they don’t want their child to feel the emotional toll of divorce with don’t want to be parent present in their child life however when relationship while staying together for their child.

How to share parenting work

When couples decide to separate or divorce otherwise it is important to remember that your relationship is not ending it is changing, your romantic relationship has ended but you are still your children’s parents and will share the bound for the rest of your life. The way you treat each other with have a direct impact on your child mental and physical state putting your differences size for the sake of your child may be difficult at first but it will become easier overtime insects parents who can treat each other with civility and mutual respect generally become familiar with each other over the year even the most amiable of parents will have this agreement which is why a good parenting plan is a vital part of any shirt custody agreement.

Share parental benefits and criticism

Share parenting is totally based upon the child’s best interest in having close contact with both parents in their daily life. There is also an important advantage to the parents most parents enjoy spending time with their Children’s and with shared parenting both parents have that joined their life both parents also get child-free time to work or play without having to hire a babysitter which sole custody parents must do more ever both parents get the same opportunity for career development and advancement. In fact, some argue that share parenting is one critical component in a force to reduce the gender pay gap.

There was also criticism of shared parenting it was based upon some assumptions that children’s need one single primary attachment figure to Bond with, that child development suffer from a frequent move back and forth between two households, that one should not disrupt and status quo, scientific research find support for and against this assumption, child-specific factor-like parental temperament environment centre and genetic factors must be considered before attending to determine. How a specific parenting style will affect a child and the second criticism and argue that are share parent and curries parental conflict and that shared parenting is not only suitable for parents who get along well as for parents. Once more research has found support for and against their criticism. The science suggests the appropriateness of parenting style must be deciding on a case-by-case basis it was argued that there should be no presumptions with family law which each custody decision made based upon a judge assessment for the best interest of the child.

Legislation on shared parenting

Legislation on shared parenting is an attempt at family court Reform to make shared parenting more common at the expense of sole custody. So that children of divorced parents can maintain a close daily relationship with their parent’s mother and father both based on these studies it was shown that children do battle with shared versus old custody there are many organizations and also it was said by advocates for shared parenting legislation such as Americans for parent and equality the national parent organization etc.  Factor the children’s rights council families need a father and so more there was some list of parenting legislation proposals by states and years along with formation concept with and share parenting legislation is-

There were legal presumptions versus consideration under which a rebuttable legal presumption and preference give the court a starting point, if the court determined that the legal presumption is not fit for the case it must use wali state what evidence is considered to have overcome the burden of proof associate the legal presumption design consideration required the court to consider a specific type of custody but and no preference for reservations for it.

Joint physical custody versus 50/50 parenting- At the time of different jurisdictions have different definitions for joint physical custody many don’t specify, how much time must go to each parent to be considered joint physical custody sum of legislation hair aims to add presumptions for joint custody some of the legislation also aims to limit the amount of inequality in parenting time such as setting it has a worst 35 out of 65.

Child support under this more child support guidelines for develop for soul weather than their custody this type of legislation specified house as support should be calculated when there is an equal or close equal parent time.

In the case of D.K.C petitioner vs. KC & Ors[1]. courts have repeatedly emphasized co-parenting and its importance for the proper growth and development of children, time and again, Courts have elaborately dealt with Parental Alienation Syndrome and its impact on children. The intensity of the negative feelings of the Respondent towards the Petitioner has had an obvious effect on the psyche of the child, who has remained in his company, to the exclusion of the mother since February 2019. Clearly, during this period the Respondent would not have narrated positive facets/ characteristics and incidents relating to the Petitioner, and the child is thus bound to show reservation in meeting her. It is obvious that the child has given up his positive perceptions about the Petitioner and only once the interaction takes place, the bond between mother and son will be rebuilt.

Shared parenting system in India

In India moving toward adopting a preference for their parents think system over sole custody and arrangements for child custody dispute, it was similar to the USA, Canada, Australia you can many other countries.

The Law Commission has initiated an initiated and floated a consultation paper on its website that a suggestion from the public before it. A guideline for joint custody of children and share parentage under this recommendation is likely to be penalized by January and submitted to the government to bring it appropriate amendment.


In concerned by the budget session in next year, it was speaker spoken by the judges they said that joint or share do not means giving physical custody to parents with mechanical equality and it is here that judicial pragmatism and creativity is going to play a huge role in developing this concept for the mean my dear full considered the wisdom and balance of reshaping the legislation.

The lower panel chairman said presently the custody of children in divorce cases are determined by two laws the guardianship and wards act 1890, and the Hindu minority and guardianship Act 1956, both the acts as silent on joint custody or share percentage for children of divorce Singh parents.

The Hindu minority and guardianship Act 1956[2], the clauses of natural guardianship of Hindu minor and provide that the Welfare of the minor will be of Paramount considered but doesn’t say anything on share percentage like 1989, Law has a present in judicial practice there is neither a presumption that father is a natural guardian or not a presumption that mother is a biological parent for their minor child there was an only and judicial approach on child custody has involved two such a level that can text is favorable to take the discussion to the logical next step, it was considered that shared parenting or joint custody is not specifically spelled out in Indian law it is reported that Family Court Judges to use this concept at the time to decide custody Battles.

SMT. SAVITHA SEETHARAM v. SR[3], In this case, held that shared parenting would mean that the joint responsibility would continue subject to certain arrangements being put in place. 10. In this context, it is necessary to understand two terminologies. Thus, the concept of shared parenting would assume greater importance after the divorce of parents by the dissolution of their marriage. Questions such as custody and visitation rights, the child must be their basic concern. In this regard, we have referred to the concepts of joint legal custody and joint physical custody in various over-seas jurisprudence.


In the research we find out that share custody finds out that that type of custody avoids the phenomenon as of Sunday dad’s,  father who has shared custody tends to spend more time with their children’s and father involving in parenting, It maybe maximizes in share arrangement, despite that shared custody increase the overall cost of childbearing. However, the coast differentiates between shared custody the children spending 40% on more time with each parent as set out of the child support.  According to guidelines in more detail than when one parent hand physical custody Such Cooperative parenting is less likely there then there is continuing hostility between the parents When there are a parent and conflict that is obvious to the children they can experience loyalty conflict and Seal Court which in turn can lead to emotional and behavioural problems. No evidence shared custody improves the relationship between the parents there is some indication that share studies less stable than most arrangements after separation and divorce, and have criticized criticism and also have benefits in India shared parenting moving toward adopting a preference for their parents think system over sole custody the law commission and initiated and floated a consultation paper on its website that suggestion from the public before it can send my budget session in next year it was spoken justice this at the joint or share do not means giving physical custody to parents with mechanical

[1] In the case of D.K.C petitioner vs. KC & Ors

[2] The Hindu minority and guardianship Act 1956


Recent Comments

    Stay Tuned For More Blogs