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Uttarakhand HC Asks Centre to Clarify Stand on Upbringing of Children Following Divorce

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By ETV Bharat English Team

Published : Mar 1, 2024, 7:19 PM IST

The division bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal was hearing a PIL on the affect that divorce has on the upbringing of children. The next hearing of the case has been scheduled on March 6.

Uttarakhand High Court Asks Centre to Clarify Stand on Upbringing of Children Following Divorce
Uttarakhand High Court Asks Centre to Clarify Stand on Upbringing of Children Following Divorce

Nainital: The Uttarakhand High Court on Friday asked the Centre to clarify its stand on the issue of upbringing of children of divorced parents by March 6.

The court was hearing a Public Interest Litigation (PIL) filed by Shruti Joshi, an advocate seeking guidelines for upbringing of children whose parents have been divorced.

After hearing the case, the division bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal has asked the central government to clarify its stand on the issue by March 6. The next hearing of the case has been listed on March 6.

In the petition, Joshi said that divorce always has a huge blow on the children. The love that children receive by living with both their parents is always missing after divorce, the plea said.

The petition further mentioned that during a husband and wife's separation the worst affect is their children. The impact of their separation and divorce is on the upbringing, education and living standards of their children. "The love that can be given to children in a happy family can never be given after divorce," the plea said adding that it is because of this impact on upbringing that children of divorced parents are unable to progress properly in life.

The Law Commission of the Central Government has earlier stated in its report that during divorce, the responsibility of raising children should be taken by both the husband and wife. Therefore, a need was raised on amending The Guardians and Wards Act, 1890. The matter is still lying with the central government. ​

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Nainital: The Uttarakhand High Court on Friday asked the Centre to clarify its stand on the issue of upbringing of children of divorced parents by March 6.

The court was hearing a Public Interest Litigation (PIL) filed by Shruti Joshi, an advocate seeking guidelines for upbringing of children whose parents have been divorced.

After hearing the case, the division bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal has asked the central government to clarify its stand on the issue by March 6. The next hearing of the case has been listed on March 6.

In the petition, Joshi said that divorce always has a huge blow on the children. The love that children receive by living with both their parents is always missing after divorce, the plea said.

The petition further mentioned that during a husband and wife's separation the worst affect is their children. The impact of their separation and divorce is on the upbringing, education and living standards of their children. "The love that can be given to children in a happy family can never be given after divorce," the plea said adding that it is because of this impact on upbringing that children of divorced parents are unable to progress properly in life.

The Law Commission of the Central Government has earlier stated in its report that during divorce, the responsibility of raising children should be taken by both the husband and wife. Therefore, a need was raised on amending The Guardians and Wards Act, 1890. The matter is still lying with the central government. ​

Read more

  1. Kashmiri Scribe Asif Sultan Rearrested Hours after Release: Another Twist in His Legal Battle
  2. SC to hear Gyanvapi committee's plea against HC order on maintainability of temple restoration suits
  3. SC Junks Asaram's Plea to Suspend Sentence on Medical Grounds to Undergo Treatment
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