Kerala High Court: A Mother’s Morality in Society May Differ from Her Role in a Child’s Welfare
In a recent judgment, the Kerala High Court emphasized that a parent’s behavior, considered morally wrong by society, may not necessarily affect their ability to care for their child. A division bench comprising Justices A Muhamed Mustaque and Sophy Thomas made this observation while hearing a mother’s appeal against a family court order that had awarded full custody of her child to the father.
The High Court pointed out that the primary consideration in custody cases should be the welfare of the child, not the moral judgments society may place on a parent. “A person may be deemed bad in the context of a relationship, but that does not mean they are unfit to be a parent. A mother might be viewed as morally wrong by societal standards, yet still be the best person to ensure the child’s well-being,” the Court stated.
Family Court’s Ruling Based on Morality
The family court had granted sole custody to the father, reasoning that the mother had left her matrimonial home and was allegedly involved with another man. It concluded that her actions were inappropriate and could negatively impact the child’s welfare. However, the High Court found this assumption unjustified.
The petitioner-mother explained that she left the home due to severe marital issues, and her father corroborated this by stating she did so to free herself from the marriage. He also mentioned that her departure was misconstrued as her eloping with another person. The husband maintained that she had indeed eloped, but the High Court refrained from accepting either account at face value.
Moral Judgments Should Not Affect Custody Decisions
The Court criticized the family court for making a moral judgment based on the mother’s personal life and noted that these kinds of assumptions can undermine the purpose of determining a child’s best interests. “The fact that a woman is seen with another man cannot lead to the automatic conclusion that she left for pleasure. Such moral judgments can distort the inquiry in custody matters,” the Court added.
Shared Custody in the Child’s Best Interest
The High Court ruled that both parents should share custody, as this arrangement would serve the child’s best interests. The Court granted the mother custody every alternate week, from Friday 5 pm to the following Friday 5 pm, with the exchange to take place at the family court in Alappuzha.
Conclusion
The Kerala High Court’s ruling highlights the importance of focusing on the child’s welfare rather than the societal morality of parents. It also stresses that moral assumptions should not influence custody decisions, reaffirming that a parent’s personal choices do not necessarily harm the child’s well-being.
Case Name: Aneesa F v/s Shefeekmon
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