The Kerala High Court recently ruled that a mother might be morally questionable in society but still beneficial for her child’s welfare. This decision came from a division bench consisting of Justices A Muhamed Mustaque and Sophy Thomas, addressing a custody dispute where the mother challenged a family court’s order granting sole custody to the father.
“In child custody matters, the welfare of the child is the top priority. A person may be considered bad in a contextual relationship, but that doesn’t mean they are bad for their child. A mother may be seen as morally questionable by society, but she can still be good for her child’s welfare,” the High Court noted.
The family court had previously ruled against the mother, citing that she had eloped with another man for pleasure, potentially harming the children’s welfare. However, the mother argued that she left due to a strained relationship with her husband. Her father added that she went with a family friend to escape the marriage, not for pleasure.
The husband claimed she eloped with another man, but the High Court stated it was not accepting either version of the events at this time. The High Court criticized the family court’s language and assumptions, stating that being seen with another man doesn’t imply a mother is unfit for child custody.
“There can be many reasons for leaving a matrimonial home. If a woman is found with another person, it does not necessarily mean she left for pleasure. Such moral judgments in custody cases defeat the purpose of evaluating child welfare,” the Court remarked.
Consequently, the High Court overturned the family court’s order and granted cyclical custody to both parents.
“Considering the circumstances, we believe cyclical custody is best. The mother will have custody from alternate Fridays at 5 pm until the following Friday at 5 pm. The child will be exchanged at the family court premises in Alappuzha,” the Court ordered.
Case Name: Aneesa F v/s Shefeekmon
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