Supreme Court Raises Issue Of Multiple Statutes On Custody Of Child

Supreme Court was hearing an appeal filed by one Hemant Baburav Vasante against the 2017 order of the Gujarat High Court in custody battle of a child arising out of matrimonial dispute.

The Supreme Court on Wednesday asked why the legislature was not trying to bring the legal aspect pertaining to custody of a child, stuck in between parents fighting matrimonial litigations, under "one umbrella" legislation and referred to several existing statutes governing the issue of custody saying they raised the number of litigations.

A bench headed by Chief Justice NV Ramana said there are at least four or five statutes, including the Guardians and Wards Act, 1890 and the Protection of Women from Domestic Violence Act, 2005, which deal with the issue and they give rise to several litigations arising from same matrimonial dispute.

"The question is that already there enough Acts. There are this Maintenance Act, the Guardians and Wards Act and the Protection of Women from Domestic Violence Act. Four, five Acts are there and they are moving from one court to another... This is the time for the legislature to look into these things," the CJI said.

"Why don't the legislature look at it with this angle... Why don't you bring all these under one umbrella in one go," said the bench, also comprising justices AS Bopanna and Hima Kohli.