Kerala High Court: A Mother’s Morality in Society Doesn’t Define Child’s Welfare
The Kerala High Court ruled that a mother’s perceived morality in society should not be the deciding factor in child custody cases. The court emphasized that a parent’s personal life choices do not necessarily impact their ability to care for their child.
Case Overview
A division bench of Justices A. Muhamed Mustaque and Sophy Thomas made the ruling while hearing a petition filed by a mother challenging a family court’s decision to grant sole custody of her child to the father.
The family court had ruled against the mother on the grounds that she had eloped with another man for pleasure, which could negatively impact the child’s welfare. The mother, however, argued that she had left the matrimonial home due to a strained relationship with her husband.
Her father further claimed that she had only left with a family friend to create an impression of elopement in order to escape her marriage. The husband maintained that she had left for another man. The High Court refrained from making a judgment on either version of events.
Court’s Observations
The High Court criticized the language used by the family court, stating that moral judgments should not influence child custody decisions. The bench observed:
“A man or woman may be considered bad in society, but that does not mean they are bad for their child. A mother may be morally bad in a societal sense, but she may still be the best guardian for the child’s welfare.”
The court also pointed out that simply leaving the matrimonial home or being seen with another person does not prove that the parent is unfit to care for the child.
Final Verdict: Shared Custody
Setting aside the family court’s decision, the Kerala High Court ruled in favor of shared custody, ensuring that both parents play an active role in the child’s life.
The court ordered that the child be under the mother’s custody from Friday 5 PM to the following Friday 5 PM, with the exchange taking place at the family court premises in Alappuzha.
This ruling reinforces that child custody decisions should focus on the child’s well-being rather than societal perceptions of a parent’s morality.
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