In a recent judgment by the Delhi High Court, a decision was made regarding the consideration of a joint-parenting plan in a child custody case. The case involves Mr. Prosenjeet Banerjee and the family court’s rulings on custody arrangements. Stay tuned to learn more about the court’s decision and its implications on co-parenting.
Facts
- The Respondent will have the liberty to talk to the child on video/voice call every day
- The duration of the call will be 10-15 minutes
- The call can be made between 08:00 PM to 09:00 PM
- This communication shall be encouraged to maintain the bond between the child and the Respondent
Arguments
- Mr. Prosenjeet Banerjee, representing the appellant/father, requests for consideration of a joint-parenting plan after six months.
- The appellant/father desires time to develop a stronger bond with the child before implementing the joint-parenting plan.
Analysis
- Father will have interim custody of the child on every alternative Sunday from 10:00 AM to 06:00 PM.
- On the occasion of the child’s birthday, parties can have lunch or dinner together. If not possible, the child must meet his father for around 2 hours on the same day.
- The petitioner shall ensure convenience for all parties involved during the meetings.
- On Hindu festivals and school holidays, the father will have custody for 4 hours on specific timings.
- School records will reflect the father’s name.
- Both parties can agree to changes in the custody schedule.
- Exceptions are made for events on Sundays, with mutual cooperation expected for any deviations.
- Father will take care of the child’s extra-curricular activities on Sundays, while mother should avoid enrolling the child in Sunday activities.
- Both parties are expected to be understanding of unforeseen situations.
- Father will handle pick-up and drop-off of the child during regular and vacation periods.
- During vacations, father will have custody for half of the time each day.
- Mother has the authority when travelling with the child during vacations.
- Father will not interfere with school matters in the mother’s absence.
- Mr. Banerjee proposed a change in the timeframe for interacting with the child during vacations.
- He suggested extending the timeframe from 10:00 AM to 08:00 PM instead of 12:00 PM to 07:00 PM.
- This proposal aimed to provide more time for interaction with the child.
Decision
- The appeals are disposed as prayed with certain terms.
- The child can be made available to the appellant/father from 11:00 AM.
- Pending applications are closed.
- Family Court will consider an application along with a ‘joint-parenting plan’ for overnight custody after hearing both sides.
- Paragraph 29(iv) has been modified accordingly.
- Family Court can consult a child psychologist if necessary.
- Appellant/father can present a ‘joint-parenting plan’ to the Family Court after six months.
- Appellant/father can interact with the child during vacation between 10:00 AM and 08:00 PM.
Case Title: DEVESH MANASWI DAS Vs. APARNASHREE (2024:DHC:4054-DB)
Case Number: MAT.APP.(F.C.)-167/2024
