The Law Commission has recommended that any minor involved in a divorce case be placed in joint custody of both parents to remove the anomaly of superiority of one parent over the other.
The commission submitted its report on guardianship and custody Laws to the Ministry of Law yesterday. It recommended removal of preference for the father as the natural guardian under Hindu law and favoured granting both parents equal legal status with respect to guardianship and custody.
The draft law also empowers courts to fix an amount specifically for child support to meet the basic living expenses of the child.
The commission's recommendations on custody laws assumes significance because in India, the idea of shared parenting is still new in the field of custody jurisprudence.
The report includes detailed guidelines to help courts, parents and other stakeholders arrive at the best arrangement to serve the welfare of the child. The report recommended the review of current laws dealing with custody and guardianship and legislative amendments to the Guardians and Wards Act and the Hindu Minority and Guardianship Act.
