Patna: The Patna High Court has put in place an interim shared parenting arrangement for a six-year-old boy at the centre of a custody dispute, seeking to protect the child’s welfare while preserving his relationship with both parents.
The order came during the hearing of a habeas corpus petition filed by the child’s mother, who alleged that her son had been taken away from her custody. The father disputed the claim, maintaining that the child had come to live with him voluntarily.
Instead of ruling immediately on the competing claims, a division bench comprising Justice Rajeev Ranjan Prasad and Justice Alok Kumar Sinha focused on the best interests of the child and facilitated an agreement between the parents.
Court Holds In-Camera Hearing
The matter was heard in chambers rather than in open court. The judges held detailed discussions with both parents, members of their families and the children, recognising that the couple’s marital dispute had the greatest impact on them.
During the hearing, it emerged that both parents are doctors and capable of caring for their children.
Shared Parenting Arrangement
Under the interim arrangement, the six-year-old will stay with his mother while his father will continue to play an active role in his upbringing.
The father will collect the child from the mother’s residence every morning, take him to school and drop him back after school. The child will spend every weekend with his father, while long school holidays will be divided equally between both parents.
The court also directed that the child’s educational expenses be shared equally.
Elder Son’s Statement Noted
The bench also interacted with the couple’s 12-year-old son, who told the court that he visits his father during holidays whenever invited and that his mother has never prevented him from meeting him.
The court recorded the statement in its order while considering the family’s circumstances.
Interim Relief Pending Family Court Decision
The High Court clarified that the arrangement is temporary and will remain in force until the Family Court decides the pending guardianship case.
The Family Court has been directed to dispose of the matter within six months.
During the proceedings, both parents also assured the High Court that they would not initiate any fresh criminal cases against each other and would comply with the interim arrangement.
Advocates Pallavi Pandey, Madan Mohan and Hrithik Shah appeared for the mother, while Senior Advocate Jitendra Singh, along with Advocates Manish Jha and Yash Singh, represented the father. Advocate General S.D. Sanjay appeared for the State.
