Concept of ‘joint parenting’ can’t be introduced in our country: HC

While hearing an application moved by a father seeking ‘independent’ access to his minor daughter, the Bombay High Court observed that the concept of ‘joint parenting’ cannot be introduced in our country until people stop taking ‘matrimonial litigation’ in an adverse manner.

A division bench presided over by Justice Abhay Oka and Justice Amjad Sayed were hearing a plea filed by one Manish Katira, who approached the HC in August, last year seeking access to his daughter. He alleged that his estranged wife did not want him to meet the child.

On Wednesday, when the matter came up for hearing, Katira urged the court to increase the number of days of his access to his daughter. He asked the bench to allow him meet his daughter twice a week that too in the absence of his estranged wife.

It must be noted that Katira is allowed to meet his daughter once in 15-days.

Earlier, the bench had appointed government pleader Purnima Kantharia as an ‘moderator’ and had asked her to act as a counsellor for both the parents and set up meetings of the father and the child.

After conducting several sessions, Kantharia had submitted a report saying that the child continuously cries while meeting her father and does not wants to meet him.

Citing the submissions of Kantharia, the father told the bench that his wife ‘tutors’ the child and so he wanted to meet the child independently.

Responding to this prayer, the bench said, “In India, people take ‘matriomonial-litigations’ in an adverse manner and this is not the case in other countries.”

“This is why, the concept of ‘joint-parenting’ is much familiar in foreign countries and not here. It cannot be introduced here unless people stop taking matrimonial-litigations, adversely,” the bench observed.

‘Joint parenting’ is basically a custody plan, wherein the court grants both the parents ‘equal’ custody of the child for equal period of time.

It may be recalled that in May, last year, the Family Court in Bandra had granted joint-parenting custody of a six-year-old daughter to a Chembur-based couple.

This was for the first time a court had granted joint parenting custody. The court had ordered that the child would stay with her mother and father for six months each. However, the HC had stayed the Family court’s decision saying that this (joint parenting) needs ‘more consideration’.