257th Report Law Commission of India - Reforms in Guardianship and Custody Laws in India - Law Gupshup
257th Report Law Commission of India - Reforms in Guardianship and Custody Laws in India - Law Gupshup
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certain problems in the welfare principle which occurs in our legal and
commission-
of-india- report- report-
judicial framework, like a different legislations connected to the
matters, having different relevancy to the welfare principle. law- law-
of-india-
reforms-
The Law Commission by the concerned report no. 257, which was commission-
commission-
india%2F)
laws-in- india%2F)india%2F&via
In reforming the Guardianship and Child Custody laws in India, the
Law Commission has issued the ‘Consultation Paper’ analysing
india%2F&via=lawgupshup)
‘Shared parentage systems’ existing across the world and also
reviewed the existing law in India and in its study also published set
of questions on the matter and sought comments from the general
public.
In the Report, various law related to the welfare of child and on the
matters of Child Custody and Guardianship were reviewed and the list
of those includes the Guardians and Wards Act, 1890, Hindu Minority
and Guardianship Act, 1956, Hindu Marriage Act, 1955, Islamic Law
and Parsi and Christian laws. Besides, the higher judiciaries in the
country have also supported the actual welfare of child in the matters
of Custody disputes. The father though was posted at the top in the
matter of custody, however, there were many instances[2] where the
higher judiciaries including several High Courts and honourable Apex
Court had specifically declared mother to be the best for the custody
of Child, even many times by modifying the scope of the existing
provisions.
The Law commission in this report has discussed the widely spread
concept of ‘Joint custody’ systems. However, there are different
approaches relating to the concept in the different Countries. The
257th Report Law Commission of Indi…
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concept can be referred to both ‘joint legal custody’ and ‘joint physical /
custody’ or even combination thereof. The definition can be seen as (http://www.facebook.co
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of the ‘Shared parenting model’ in India. Besides this, the reforms- reforms-
Commission also pointed the importance of mediation in the matters
of Child custody, which will bring real solutions which will not decide in- in-
what is right and what is wrong, but will provide for meeting needs of
guardianship-
guardianship-
family in the best possible interest of Children. And for deciding
cases, the Law Commission here sought to provide for certain and- and-
guidelines for the Judges and others from the group of decision-
custody- custody-
making to arrive at best possible decision in the Child Custody cases,
many of such guidelines are based, primarily, on the States in the laws-in- laws-in-
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