Modernize Custody Laws For Better Parenting

THE Guardian and Wards Act, 1890, provides a statutory framework for the custody of minors, a critical aspect of the family law. However, its limitations and inadequacies often precipitate protracted and contentious legal proceedings, causing undue distress to all parties involved.
To seek permanent custody, a parent must file a formal petition with the guardian court, articulating the grounds for the claim. The Muhammadan Law’s para 352 provides guidance on the circumstances and age of minors at which custody may be granted. In practice, fathers predominantly initiate such claims, and the trial court often grants temporary visitation rights for a limited duration, typically two hours twice a month, with the father bearing transportation costs. Nevertheless, the existing framework is deficient in several respects. The restricted visitation time allotted to fathers frequently results in emotional distress, as it is insufficient for a meaningful parent- child bonding. Moreover, applications for additional visitation time, including special occasions like holidays as well as birthdays, are subject to judicial discretion and may be denied.
The requirement for fathers to seek permission for visitation, including vacations, perpetuates a cycle of litigation and acrimony. Further, the law’s purpose is to provide protection, peace and legal assistance. However, the current state of affairs often denies peace to fathers, and forces them into prolonged legal battles. Past case law has demonstrated the apex court’s pref-erence for compromise, but this is freq-uently unattainable due to inter-party animosity.
As such, to address these shortcomings, a codified amendment to the Guardian and Wards Act, 1890, is essential. This reform should grant parents the right to summer and winter vacations, special days, and emergency meetings without the need for a court application, ensuring uninterrupted access to their children. By delegating this right, the law can minimise objections from the opposing party, and promote a more harmonious and child-centric approach to custody disputes.
The Act requires revision to align with the evolving needs of families and the principles of justice. By introducing reforms that prioritise the welfare and wellbeing of minors, we can create a more compassionate and effective legal framework for custody disputes, ultimately serving the best interests of the minors.
Riaz Ali Panhwar
Hyderabad