Punjab and Haryana High Court suggests 'shared parenting' for estranged couples

Saurabh Malik

Tribune News Service

Chandigarh, January 1

In a significant order liable to change the way children of separated parents are brought up, the Punjab and Haryana High Court has advocated “shared parenting”. A Division Bench has made it clear that the concept of shared parenting could be suggested to the “parties” when they approach the police for lodging complaints alleging cruelty and other offences.

The direction came after the Bench of Justice Ritu Bahri and Justice Ashok Kumar Verma observed that the court was seized of a number of cases in which a child’s emotional and psychological requirements were not being properly taken into account while deciding the divorce petitions filed by the parents under the Hindu Marriage Act.

“The concept of shared parenting can be extended at the initial stage, when parties approach the police station,” the Bench asserted.

In its order, the Bench also asked the amicus curiae, Divya Sharma, to assist the court on the “kind of infrastructure required for solving the problems of children where parents are seeking separation”.

The Bench said the parents would not have to travel for years to the courts, if the concept of shared parenting was advised at the initial stages. Referring to the Law Commission’s report of May 2015, the Bench asserted it had been observed that a child had the birthright to meet his parents and grandparents.

It was further observed in the report that several disputes could be resolved through mediation. But professional assistance might be required in the case of mediation as neither the court, nor the mediators, were qualified to understand child psychology. “A time-bound resolution is a key factor to achieve the objective of ensuring that the welfare of the child is met,” the Bench said.

Quoting an example, the Bench asserted that a child came to the HC on December 10, 2021, along with her mother. Crying, the child stated she did not want to lose the company of both the parents. “As the parties were from Sonepat, a direction was given that both the parents will take the child to a counsellor at Sonepat,” the Bench said

Pointing at the facts of the case, the Bench added the appellant had approached the court against order dated October 3, 2018, passed by the Gurdaspur Civil Judge (Senior Division), whereby he was given visitation rights to meet the minor child every third working Friday.

Apply Concept at initial stage

The Bench said that the parents would not have to travel for years to the courts, if the concept of “shared parenting” was advised to them at the initial stages.