Perception Of A Mother Being Morally Bad In Society Doesn’t Make Her Unsuitable For Her Child - Kerala HC

The Kerala High Court recently made an observation regarding child custody, stating that the perception of a mother being morally bad in society does not automatically make her unsuitable for the well-being of her child. The court, comprising Justices A Muhamed Mustaque and Sophy Thomas, emphasized that societal standards of morality do not necessarily dictate the dynamics of a parent-child relationship.

According to the court, when determining child custody, the primary consideration should be the child's welfare. While a person may be deemed unfavorable in a particular contextual relationship, it does not imply that they are unfit as a parent.

The Kerala High Court recently addressed a plea filed by a mother who contested a family court's decision to grant sole custody of her child to the father. The family court's ruling was based on the assertion that the mother had willingly eloped with someone, leading a "wayward life" that would adversely affect the child's well-being. During the proceedings, the petitioner-mother explained to the court that her departure from the marital home was a result of a strained relationship with her husband.

The petitioner's father also informed the court that the alleged elopement was staged to create the appearance of her running away with someone, in order to escape the troubled marriage.

On the other hand, the husband maintained that the mother had indeed eloped with another person.

The High Court clarified that it currently does not favor either version of events. However, it strongly criticized the language used by the family court judge, stating that it was inappropriate. The High Court also disagreed with the family court's assumption that the mother's departure from the house and her subsequent association with another man automatically indicated that she was unfit for the child's welfare.

In view of the same, the Kerala HC overturned the decision of the family court and awarded shared custody of the child to both parents on a rotating basis.