The Uttarakhand High Court has mandated Family Courts to follow the Law Commission’s 257th report recommendations on child custody. This prioritises shared custody for kids and grandparents along with mental health evaluations for children in custody disputes.
In a profound observation during the directive, the Division Bench comprising Chief Justice Ritu Bahri and Justice Rakesh Thapliyal emphasised the necessity of shared custody for children between both parents and grandparents to ensure their emotional well-being. They underscored the challenges children face amidst parental disputes and the importance of safeguarding their mental health.
This directive stems from a Public Interest Litigation (PIL) filed by Advocate Shruti Joshi, highlighting the mental distress children endure during matrimonial proceedings. The Court also took into consideration a letter issued by the Ministry of Law & Justice, Government of India, proposing reforms in the counselling process within family courts.
Additionally, the Bench noted the Law Commission’s recommendation, championed by Justice AP Shah, advocating for the Court’s authority to conduct independent psychological evaluations of children with professional assistance to understand their psychology better. Furthermore, suggested amendments to the Hindu Minority and Guardianship Act, of 1956 were acknowledged.
The Court mandated the implementation of all Law Commission recommendations by Family Courts and emphasised the need for scientific reports from appointed counsellors, either child psychologists or general counsellors, to aid in custody decisions.
Emphasising the significance of Shared Custody for Kids and Grandparents, the Court stressed mutual agreements between parents and grandparents regarding the child’s upbringing, promoting parental responsibility over legal intervention. The Court urged a proactive approach, citing the delay in legislative amendments and the importance of prioritising children’s emotional well-being over legal formalities.
While refraining from issuing a writ of mandamus, the Court emphasised adherence to these guidelines in handling matrimonial disputes, custody cases, and mediation, especially leveraging electronic means like WhatsApp for effective communication in geographically distant cases.
The Uttarakhand High Court’s ruling prioritises the child’s emotional well-being in custody cases. Shared custody arrangements and psychological evaluations, as recommended by the Law Commission, can ensure a holistic approach to child development. Consulting a lawyer experienced in child custody matters can help navigate these sensitive situations.
This landmark decision by the Uttarakhand High Court prioritises the child’s well-being in custody disputes, Vakilsearch extends its legal services for mutual divorce navigating custody disputes. Our expert team offers comprehensive guidance in understanding and implementing shared custody arrangements, ensuring the emotional well-being of children. For more Direct updated from High court you can follow our news handles.
