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Showing contexts for: shared parenting in Vineet Gupta vs Mukta Aggarwal on 30 January, 2024Matching Fragments
1. The present Appeals under Section 19 of the Family Courts Act, 1984 read with Section 47 of the Guardians and Wards Act, 1890 (hereinafter referred to as "Act, 1890") has been filed on behalf of the both the parties respectively, against the Judgment and Final Order dated 23.12.2019 passed in GP No. 22/2019 filed by the mother/respondent under Section 25 of the Act, 1890, whereby both the parties have been granted joint custody of the minor children with the shared parenting as provided therein.
14. It was thus, held that the custody of the children should be handed over to the respondent/mother. However, since both the children were comfortable in company of both the parties, a shared-parenting arrangement was laid down as under: -
"62. Accordingly, the shared parent is ordered in the following manner: -
a. Since both the children are comfortable in the company of both parents, it is in the welfare of the children that they should have company and guidance of both the parents during their formative, years. Accordingly, for two weeks of the month staring from January, 2020 custody of the children will remain with the petitioner and for the other two weeks custody will remain with the respondent.
35. Considering that the appellant/father has always been there to take care of the children and there is no evidence to show that the appellant/father has, in any manner faulted in his care for the children, accordingly, we observe that the learned Principal Judge, Family Court has rightly concluded that both the parents must be involved and thus, devised a shared-parenting plan.
36. However, in our considered opinion, the shared-parenting plan needs to be modified by taking into consideration their educational needs and also an element of stability in their day-to-day life. Hence, we revise the shared-parenting plan in the following manner: -
(i) That the regular/permanent custody of the children shall remain with the respondent/mother, but the appellant/father shall have his right of day custody from 09:00 A.M. till 08:00 P.M. on every second Sunday of the month. In case of unavailability of the children on this particular day, the same shall be accommodated on any other day, as per the convenience and availability of the minor children.