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Law Commission mulls shared parenting, joint custody
New Delhi: India, where the idea of shared parenting is still new to custody jurisprudence, is moving one step ahead on the lines of developed countries to give parental right to both the parents in case of separation.
The Law Commission of India has sought views on joint custody of children and shared parenting as it has begun a serious exercise to amend two existing legislations.
The two laws — the Guardians and Wards Act of 1890 and the Hindu Minority and Guardianship Act of 1956 — now decide the custody of children in divorce cases.
Quoting a recent judgment of a two-judge bench of the Karnataka High Court, the commission said both the parents are entitled to get custody “for the sustainable growth of the minor child”.
The high court said the joint custody, according to a consultation paper dated Nov 10 posted on the Law Commission website, observed the minor child was directed to be with the father from Jan 1 to June 30 and with the mother from July 1 to Dec 31 every year.
The parents were directed to share equally, the education and other expenditures of the child, it said.
“The six-monthly arrangement found in this example is much more workable than the weekly arrangement and is likely to cause less instability and inconvenience to the child,” said the paper on shared parenting.
It has been held by the Supreme Court that in custody disputes, the concern for best interest of the child supersedes even statutory provisions, said the paper.
Under this principle, the custody of minor children is mostly awarded to mothers. For instance, in a 2010 judgment, the Supreme Court altered the fortnightly visitation rights of the father and allowed the mother to take the minor son to Australia where she had got a job, based on this principle.
There are plenty of such examples from both the Supreme Court and the, it said.
In the US, there are generally two forms of joint custody — joint legal custody and joint physical custody.
Joint legal custody “means both parents have equal rights and responsibilities for major decisions concerning the child, including the child’s education, health care….”
Joint physical custody “means that physical custody is shared by the parents in such a way as to assure the child of substantially equal time and contact with both parents”.
In the Netherlands, there has been an increasing trend towards shared parentage.
In 1996, the Dutch parliament passed a law mandating that joint legal custody be the presumed standard for post-divorce parenting.
Hailing the decision of the Commission to invite suggestions, president of Bangalore-based Child Rights Initiative for Shared Parenting (CRISP) Kumar V. Jahgirdar told IANS there is need for changes in the existing laws on child custody.
“The Supreme Court recently held that there should not be automatic presumption that mother alone is preferred to retain custody and such generalisation is not in the welfare of the child,” he said.
“We suggest that the family court judges have to be trained so that they can decide on the importance of shared parenting as a necessary option when both the parents are in position to take care and live in the same city,” Jahgirdar added.
Family counsellor Savio Periara said studies showed a sharp drop in divorce rates in those countries where the shared parenting has been made mandatory.
CRISP says more than 25,000 divorce cases are pending in family courts in Bangalore alone.
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Dr. Abhishek Verma Dedicates a Shelter in Memory of His Mother, Veena Verma, at KGMU; Inaugurated by Daughter Nicolle Verma
World-renowned business tycoon Dr. Abhishek Verma has supported Foodman Vishal Singh’s Hunger-Free World mission. In memory of his mother, Late Veena Verma, who was a 3 term Rajya Sabha MP.
Dr. Verma dedicated a state-of-the-art free permanent shelter for the attendants of patients at KGMU Medical University, Lucknow, under the aegis of Vijay Shree Foundation. His daughter, Nicolle Verma, inaugurated the shelter.
During the event, Foodman Vishal Singh honored Nicolle Verma by presenting her with a memento. Mrs. Nidhi Sharma and Avantika Yadav, associated with the organization, welcomed her with garlands. Following this, Nicolle Verma distributed essential items to the attendants and also handed out fruits. She became emotional remembering her grandmother on her birth anniversary.
On this occasion, she also inaugurated the “Veena Verma Sevalaya” in memory of her grandmother, Veena Verma, to serve the attendants. She expressed, “I feel proud that my family is engaged in nation-building as well as social service. Today, in collaboration with Vijay Shree Foundation founder Foodman Vishal Singh Ji, I feel immensely proud to dedicate this shelter for the poor, helpless, and needy attendants of patients battling serious illnesses like cancer. I am honored to be associated with the Hunger-Free World Mission for humanity.”
Inspired by the continuous humanitarian service provided by Vijay Shree Foundation over the past 17 years, Nicolle Verma donated 10 lakh rupees to support the cause. The purpose of this donation is to ensure that services continue for the needy attendants of patients suffering from severe illnesses in hospitals, as facilitated by Foodman Vishal Singh.
It is noteworthy that Dr. Abhishek Verma’s family has a legacy of public and philanthropic service. They are helping millions to carry forward the values and service work of their parents. On the occasion of his mother’s birth anniversary, Dr. Abhishek Verma dedicated this state-of-the-art permanent shelter at Lucknow Medical College to serve the attendants of patients through the Vijay Shree Foundation.
Supporting Foodman Vishal Singh’s Hunger-Free World mission, Dr. Abhishek Verma assured that he would continually support keeping this flame of humanity alive. He also promised to assist in providing medicines to the helpless patients.
Continuing her grandmother’s legacy of service, Nicolle Verma personally served food to the needy patients and attendants. She said, “It is our good fortune to have received the joy of doing this noble work today through Foodman Vishal Singh. I have taken another step forward in carrying my family’s values and cooperation by joining hands with the Vijay Shree Foundation. My father taught me to serve and help the needy, and I feel happy when I bring a smile to someone’s face.”
On the birth anniversary of the late Veena Verma, the event organizer, Vijay Shree Foundation founder Foodman Vishal Singh, said, “We feel proud and happy that Dr. Abhishek Verma, a globally renowned business tycoon, has extended his support to uplift our country from the hunger index. Today, on his mother’s birth anniversary, he inaugurated a state-of-the-art permanent shelter at Lucknow Medical College, which will always be helpful for the needy attendants of patients. It is a pleasure for me and the organization to receive the affection of Mr. Verma.”
The event was attended by General Manager Verma Family Office Hemant Garg, Sonu Rajput, and the organization’s volunteers, including Sandeep Singh, Parmeshwar Ji, Prashant Rao Gautam, Balram Singh, Ramesh Chaudhary, Suman, Jeetu, Anil, Suraj, Vinay, Manish Bhadauria, Manas Mehrotra, Vivek, Apurv, Happy, and others.