Akhila Balachandran & Susan Zacharia, LLM, Al Azhar Law College, Thodupuzha, Kerala
ABSTRACT
In India, the legislation pertaining to custody is closely linked to guardianship. However, its scope is more limited than that of Guardianship. In cases where parents’ divorce and go to court, custody of the child is a crucial aspect of a married partnership. It is given expressly to a parent who requests such custody as a matrimonial remedy. The father of the child and the moth are not the ones who suffer the most when marriages fail. The youngster is always at fault. The welfare of the kid is therefore the most important factor that the courts take into account when addressing the custody problem. In India, there is no law that expressly addresses joint custody or shared parenting, even if there are regulations that protect the child's welfare in these situations. Many nations have laws allowing for shared parenting, and there has been a lot of desire for laws to be changed in India to incorporate this concept. Given that shared parenting is not covered by Indian law, the only way shared parenting is permitted in India is through court rulings. Therefore, while discussing the idea of custody following parental separation and divorce, this article mostly draws from court rulings.
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