The Uttarakhand High Court in Shruti Joshi v. State of Uttarakhand & Others observed that the custody of the child has to be shared by both parents and grandparents in matrimonial disputes so that his/her emotional growth is not affected.
The Court observed the issue relating to the impact that matrimonial dispute has on a child. A Division Bench comprising Chief Justice Ritu Bahri and Justice Rakesh Thapliyal said, “This Court has been observing in the past that while dealing with the disputes of the parents the child’s emotional needs and proper emotional growth has never been examined and by the time litigation reaches the High Court the children have already faced agony for at least 5 to 9 years. This Court is of the view that at this stage, this direction is necessary to be given that the child’s custody has to be shared by both the parents as well as by the grand-parents so that his emotional growth is not affected