Kerala High Court: A Mother May Be Morally Judged by Society but Still Fit to Care for Her Child
The Kerala High Court recently ruled that a mother’s personal moral choices, as seen by society, should not be the only basis for denying her custody of her child. The court emphasized that the child’s welfare is the most important factor in any custody case.
This decision came while hearing an appeal by a mother challenging a family court order that gave full custody of her child to the father. A division bench of Justices A Muhamed Mustaque and Sophy Thomas stated that custody matters should focus only on the child’s well-being, not societal perceptions.
The family court had previously denied the mother custody, claiming she had eloped with another man and that her lifestyle could harm the child’s welfare. However, during the High Court proceedings, the woman explained she had left her husband due to a troubled marriage. Her father also said she only acted as if she had eloped to escape the marriage, not for personal pleasure.
The husband, on the other hand, insisted that she left with another man. The High Court said it was not taking a stand on either version at the moment. However, it strongly criticized the language used by the family court and said it was wrong to assume that the mother’s actions automatically made her unfit to care for her child.
The Court added, “A woman seen with someone else cannot be assumed to have left for pleasure. Such moral judgments harm the real goal of custody decisions — the welfare of the child.”
The judges noted that various reasons could force a person to leave their marital home, and assumptions about character should not interfere with custody rulings.
As a result, the High Court overturned the earlier order and allowed cyclical custody, where both parents get to care for the child on alternate weeks.
“Based on the case facts, we believe shared custody is best for the child,” the court said. The custody schedule now allows the mother to take the child every alternate Friday at 5 PM and return the child the following Friday at 5 PM. All exchanges will happen at the Alappuzha Family Court.
Case Name: Aneesa F v. Shefeekmon
Court: Kerala High Court
Judges: Justice A Muhamed Mustaque and Justice Sophy Thomas
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