In a recent development, the Uttarakhand High Court issued a significant directive to Family Courts, emphasizing reforms in guardianship and custody laws for child custody matters. This directive, rooted in a Public Interest Litigation (PIL) filed by Advocate Shruti Joshi, addresses the mental agony faced by children during matrimonial proceedings.The Division Bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal highlighted the importance of shared custody by both parents and grandparents, aiming to safeguard the emotional growth of the child. The court underscored the need for Family Courts to mandatorily follow the recommendations outlined in the Law Commission’s 257th Report.These recommendations include empowering the court to obtain an ‘independent psychological evaluation’ of the child and incorporating amendments to the Hindu Minority and Guardianship Act, 1956. The court also referenced a letter from the Ministry of Law & Justice, Government of India, proposing reforms in the counselling process in Family Courts.In addition to endorsing the Law Commission’s suggestions, the court stressed the significance of appointing counsellors, particularly child psychologists or general counsellors, in Family Courts. This measure aims to ensure that reports remain scientific and can be considered as evidence in custody cases.The court emphasized the need for mutual agreements on the division of responsibilities for the child’s upbringing, as outlined in parenting plans, rather than relying solely on Court intervention. While acknowledging the delay in legislative amendments, the court urged responsible parenting, devoid of ego, emphasizing the crystallization of responsibilities toward the child.Though the court refrained from issuing a writ of mandamus for legislative amendments, it made it clear that these guidelines should be adhered to in matrimonial disputes, custody cases, and mediation. Notably, the court recognized the feasibility of conducting effective mediation and counselling through electronic means, considering Uttarakhand’s hilly terrain.This directive marks a crucial step towards safeguarding the welfare of children involved in legal proceedings, setting a precedent for Family Courts to adopt a more holistic approach in handling delicate matters of guardianship and custody.
