With divorce rates on the rise in India, it’s time our lawmakers gave serious thought to amending the Hindu Minority and Guardianship Act to alleviate the trauma that children of estranged parents undergo during the divorce proceedings and the custodial battle.
I couldn’t have said it better myself. The linked-to article goes to bat for a presumption of shared parenting in India (Hindustan Times, 9/12/18).
At present, courts are empowered to grant a child’s custody to either parent depending on the child’s overall interests and well-being.
So it appears that Indian courts don’t have the authority to order shared parenting, even if they want to. That said though, they’ve done so in the past.