In a recent judgement by the Delhi High Court, a joint-parenting plan will be developed after six months to enhance the parent-child relationship. The court has granted the appellant father the opportunity to strengthen his bond with the child within a specified time frame. Stay tuned for updates on how this decision will impact the family dynamics.
Facts
- The Respondent will have the liberty to talk to the child on video/voice call everyday
- The call should be between 10-15 minutes long
- The call can take place between 08:00 PM to 09:00 PM
- This provision is for maintaining parent-child relationship
Arguments
- Mr. Prosenjeet Banerjee, counsel for the appellant father, requests consideration of ‘joint-parenting plan’ after six months by the Family Court.
- The appellant father, physically present in Court, agrees with the submission.
- The appellant father will have the opportunity to develop a stronger bond with the child within the specified time.
Analysis
- The 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, or if not possible, the father should meet the child for around 2 hours on the same day.
- Petitioner will ensure that the minor attends calls by putting a suitable system in place.
- On specific Hindu festivals and holidays, the respondent will have custody for a specified time period.
- School records of the child will reflect the respondent as the father during his custody hours.
- Both parties can mutually agree to modify the custody schedule.
- One exemption is provided for a stray event falling on a Sunday.
- The respondent will manage the minor’s attendance at extracurricular activities on specified Sundays.
- Both parties are expected to be understanding in case of deviations due to unforeseen circumstances.
- The respondent will handle pick up and drop off of the child from the petitioner’s residence.
- During vacation periods, the respondent will have custody for specific hours.
- During vacations, if the petitioner travels with the child, the respondent will not interfere with school matters.
- The respondent will not give any school instructions when the child is with the petitioner during travel.
- Mr Banerjee suggests extending the interaction timeframe with the child during vacations from 10:00 AM to 08:00 PM.
- This is proposed as an alternative to the current timeframe of 12:00 PM to 07:00 PM.
- The extended timeframe allows for additional quality time between the child and the concerned party.
- This adjustment could potentially enhance the parent-child relationship during vacation periods.
Decision
- The appeals are disposed of as prayed in the aforesaid terms.
- The child will be made available to the appellant/father from 11:00 AM.
- Pending applications shall stand closed.
- Family Court may pass appropriate orders on the joint-parenting plan for overnight custody after hearing both sides.
- Paragraph 29(iv) stands modified to allow for the above change.
- The Family Court can seek assistance from a child psychologist if necessary before making a decision.
- The appellant/father can move the Family Court after six months to present a joint-parenting plan with provisions for overnight custody.
- The child will be available to the appellant/father for interaction 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.)-168/2024
