Bombay High Court has ruled that Indian law does not require separated parents to share a child’s custody equally, setting aside a family court order that imposed a joint-custody arrangement in the case of a 14-year-old child in Mumbai.
A single bench of Justice Gauri Godse said the child’s best interests must remain the primary consideration in custody disputes. The legal rights of parents cannot take precedence over the welfare of the child, the court observed while cancelling the family court’s September 2024 order.
The case involved a Mumbai-based couple who had divorced by mutual consent. Over the years, the parents had entered into several agreements concerning custody and visitation. In 2019, the father was granted full custody of the child, while the mother received visitation rights and permission to spend half of the school holidays with the child.
The family court later altered that arrangement and ordered joint custody, fixing the child’s principal residence with the mother. Both parents challenged different parts of that decision before the High Court.
The High Court said there is no statutory provision in India that mandates equal parenting or a rigid 50:50 division of a child’s time between parents. It also questioned whether the joint-custody arrangement was workable in the circumstances of the case. The court noted that a child may love both parents and wish to spend time with each of them, but that fact alone does not establish that a shared-custody plan is practical.
According to the reported observations, a joint or shared-custody arrangement cannot be imposed without giving both sides a meaningful opportunity to present their positions and submit evidence. The court also said a strict division of the child’s time may not always be feasible and could create further disputes in the future.
The court clarified that joint custody, where appropriate, involves a meaningful role for both parents in decision-making and adequate, quality time with the child. Any such arrangement must take account of the child’s education, health, extracurricular activities and emotional stability.
The High Court restored the mother’s application for fresh consideration by the family court and directed that both sides be heard. The family court may allow the parents to submit evidence before taking a final decision.
Until that decision is made, the child’s physical custody will remain with the mother. The father has been allowed overnight stays on alternate weekends, along with temporary custody during parts of the Diwali, Christmas and summer holidays. The court also directed both parents to share the child’s educational and medical expenses equally.
