Joint custody of a child does not mean that the parents will both live together

because of the child even though that what Indian courts believe is best for the
welfare if a minor. It simply means that both the parents will take turns keeping the
child in their custody. The rotation of a child between the parents’ custody may
vary from certain days or a week or even to a month. This not only benefits the
child as the affection of both the parents is not lost and the parents also get to be a
part of their child’s life in those young years.
The spouse can opt for joint custody. Under this arrangement, one of the parent has
the physical custody of the children and both of them have legal custody of the
child.

In K.M. Vinaya V. B.R. Srinivas, 2013 SCC Online Kar 8269, the Karnataka HC
held that both the parents are entitled to get custody ‘for the sustainable growth of
the minor child.’ The formulation by court-

i) The minor child was directed to be with the father from Jan 1 to June 30
and with mother from July 1 to 31 Dec of every year.
ii) The parents are directed to share equally the education and other
expenditures of the child
iii) Each parent was given visitation rights on Saturdays and Sundays when
the child is living with the other
iv) The child was to be allowed to call or video conferencing with each
parent while living with the other.

In Gaurav Nagpal v. Sumedha Nagpal, the SC held that in determining the ques as
to who would be given custody of a minor child, the paramount consideration is
the welfare of the child.

Law commission in its 247th report in 2014, proposed few amendments relating to
shared parenting and joint custody. It also provided the factors to be considered
while awarding shared parenting or joint legal custody.

Counter view-

In Kumar V. Jahgirdhar vs. Chethana Ramatheertha, (2004) 2 SCC 688, SC gave

an interim order and awarded joint custody. But in the final order court gave
custody to the mother keeping in the child is 9 yrs old girl and on the advent of
puberty, she needs her mother’s attention at this age.