Case where Shared Parenting order was given: Paragraph 15. For spouses, who are stying away from each other and fighting for the child, the word ‘custody’ connotes inherent crisis of sharing. To get company, love and affection of both the parents means a shared custody. A child wants to share his joys and sorrows, failures and success, with its parents simultaneously. Such simultaneous association is required for the 11 / 20 wp.5403.2015(R).doc healthy upbringing of the child. A father and a mother have different responses towards the child’s sharing, which is also necessary. The child must get a sense of belonging and social security and he should not feel that he has a broken family and should not develop self pity. The child may become a centre of either curiosity or comments, staring or sympathy from his friends, classmates and relatives. Peer pressure has negative impact on the tender and impressionable mind of the child. In the absence of simultaneous association with both the parents, the child misses completeness of his relationship.
Therefore, shared custody may be an option open for the court to offer parents and make them aware of not only their child’s needs but also the child’s rights.
Tushar Vishnu Ubale vs Archana Tushar Ubale Civil Writ Petition No.5403 OF 2015 Bombay HC
