Child Custody — Joint Parenting & Due Process · 1 September 2026
SRB v. DA: Bombay High Court Quashes a 'Joint Parenting' Order Imposed Without a Proper Hearing, Remands for Fresh Decision
High Court of Judicature at Bombay · 2026 LiveLaw (Bom) 419
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Under an earlier consent arrangement tied to a property settlement, a father held exclusive custody of the couple's child while the mother had visitation rights. The mother later approached the Family Court seeking custody, saying she had not understood the custody clause in the consent terms, and was granted custody; the father then alleged she denied him access to the child. In September 2024, after interviewing the 14-year-old child — who expressed love for both parents and a wish to see them reconciled — the Family Court ordered a 'shared parenting' arrangement: 50:50 vacation time, with the child's ordinary residence shifting to the mother, who would bear his day-to-day care and maintenance while both parents split educational costs. Both the father and the mother separately challenged this order before the High Court.
Justice Gauri Godse held that the concept of 'joint' or 'shared' parenting is not itself recognised or barred under Indian custody law, and can be the best solution for a child where it reflects both parents' genuine willingness — but it cannot be judicially imposed on parents without first giving them a meaningful hearing on that question, which had not happened here. The Court quashed the Family Court's 2024 order and remanded the matter for a fresh decision. Pending that decision, it directed that physical custody remain with the mother, with the father to have temporary custody for the first half of the Diwali, Christmas and summer holidays — an interim arrangement pending the Family Court's fresh hearing, not a final custody order.
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