MUMBAI, Sept. 3 -- The Bombay high court has held that Indian statutory framework governing child custody and guardianship does not recognise the concept of joint parenting, and that the welfare of the child, rather than parental rights, must remain the paramount consideration in custody disputes.

A single-judge bench of Justice Gauri Godse said courts must exercise their discretionary powers based on a child's entitlement to the love, affection and care of both parents, rather than on parental rights. The court made the observations while setting aside a Mumbai Family Court order granting an estranged couple joint parenting and 50:50 vacation time with their 14-year-old son.

"There is no compelling equal parenting, and the legal founda...