Law Commission recommends joint custody of children in divorce cases

| Saturday, May 23, 2015 - 18:30
First Published |

NEW DELHI: Law Commission of India on Friday recommended the joint custody of children to both parents in divorce cases, saying the laws must change with time on child custody.

According to the report submitted to the Law Ministry, “Neither the father nor the mother of a child can claim as a guardian to be appointed by court until such appointment is the welfare of the child. The law panel also recommended that court should now grant the custody of the child to both parents.”

In its recommendations of a change in the Hindu Minority and Guardianship Act and the Guardians and Wards Act, the panel said after the Supreme Court’s ruling in Gita Hariharan vs Reserve Bank of India case, the mother can become a natural guardian of her child during the lifetime of the father only in exceptional circumstances.

“The changes are required to fulfil the principles of equality enshrined in Article 14 of the Constitution,” said the law panel.

The changes are necessary in order to bring these laws in tune with modern social considerations, said the Commission, adding that both parents should be granted equal legal rights in guardianship and custody. 

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