Making it clear that shared parenting is in a child’s best interest, the Punjab and Haryana High Court in an out-of-the-ordinary order has asserted that a child will spend his birthday jointly with both the parents. They, in turn, will make endeavour to ensure there is no bickering or argument between them in the child’s presence. “They provide congenial, harmonious and affectionate atmosphere to the child,” a Division Bench has ruled.The court, at the same time, cautioned them against conflict, while clarifying that disputes could not devolve into a contest for “primary caregiver” status. At the outset, the court insisted that shared parenting was not merely about time-sharing but about continuity of emotional, developmental and decision-making involvement of both parents in the child’s life.The Bench of Justice Gurvinder Singh Gill and Justice Ramesh Kumari placed the issue in a larger legal perspective by observing: “Shared parenting is for the best interest of the child as the presence of mother and father is important for the proper mental, physical and emotional growth of the child.”Defining the concept in concrete terms, the Bench added: “Shared parenting means both the parents take joint decisions for the child and share financial and other responsibilities regarding the health, safety, choice of school, extra-curricular activities, social and religious life of the child.”Speaking for the Bench, Justice Kumari held child custody issue was to be decided keeping in view his best interest and welfare, rather than the conflicting or better rights of parents. Taking note of modern family realities, the Bench acknowledged the limitations of dual-income households.“It is a fact that both the parents being working, cannot be expected to be available round the clock to the child but in their absence, there must be someone to look after and to take care of the child.” On facts, the court endorsed the trial court’s refusal to grant custody to the mother while recording: “She has not apprised the Court as how she is going to keep the child in case, the custody of the child is granted to her. There is nothing on record that any member of the family is staying with her since 2011.” Contrastingly, the father’s stable household and support system weighed in his favour, leading the court to affirm him as the primary caregiver.The Bench was assisted in the matter by senior advocates Salil Bali and Jattvibeil Chadha, and counsel Jaiveer Bali, Archana Chauhan, Aarti Singh, Kunal Muthreja and Tara Dutt. Even while maintaining custody with the father, the High Court transformed visitation into a structured and substantive arrangement. Justice Kumari made it clear that the mother would have overnight custody thrice a month — first, second and third Saturdays till Jattvibeday evening — with flexibility for rescheduling by mutual consent while ensuring “the child is in a position to stay at least three nights in a month with the mother.”The court further directed that both parents must jointly decide the child’s schooling and attend parent-teacher meetings. The pre-school holidays would be equally divided and the child would not be “left alone or in the hands of strangers.” The festivals were to be shared equally between them. It also restrained both sides from taking the child outside India without mutual consent.Addressing the psychological impact of parental conflict on children, the Bench added: “The parties shall not make any endeavour/effort to feed anything unparliamentary and uncivilized ideas in the mind of child regarding each other because feeding any violent idea or image in the mind of the child is likely to hinder his mental and emotional maturity.”Taking note of the “bitter war” between the parents, the court advised them to remain guided by Supreme Court principles while coordinating visitation and communication concerning the child.