TUSHAR VISHNU UBALE Vs. ARCHANA TUSHAR UBALE

JUDGEMENT

(1.) The order dated 27.5.2015 passed by the learned Judge of the Family Court, Mumbai, in respect of directing the joint parenting plan by handing over six months custody of the child to each parent is challenged in this appeal.

(2.) The petitioner/father is a Surgeon and the mother is working as a nurse. They got married on 10.10.2008. It was an inter-caste and a love marriage, which was not approved by the parents of the mother. The child Mukta was born on 8.10.2009.

(3.) Ms. Iyer, the learned Senior Counsel for the Petitioner, submitted that the Court in its order had directed the parents to submit a joint parenting plan. She argued that the adopting joint parenting plan is a voluntary act of the parents. It cannot be directory. However there was a specific direction given by the Court so a joint parenting plan was submitted by both the parents and therefore the learned Judge ought not to have construed that the submission of such joint parenting plan was a consensual act of the parents. She submitted that the correct method was not adopted by the learned trial Judge to take forward the idea of joint parenting plan which is based on the report of the Law Commission submitted on 25.5.2015. It is submitted that the learned Judge has described the Law Commission report which was published on 25.5.2015 as an oven fresh report. However, after going through the Law Commission report, it appears that the learned Judge could not give himself time to deliberate upon it as the order was passed immediately i.e., on 27.5.2015.