The Kerala High Court condemned a family court's decision to base its judgement on the assumption that a woman was merely seeking pleasure due to her association with a male friend.
The family court's ruling was made during a custody dispute concerning a three-and-a-half-year-old boy in Alappuzha. It nullified the lower court’s order and granted alternating custody of the child with parents.
The family court's decision, which granted custody to the father, raised concerns about the impact of the mother's social activities on the child's welfare. However, a division bench consisting of Justice A Muhammad Mushtaq and Justice Sophie Thomas rebuked the family court's ruling while concluding the mother's appeal against the court order.
The division bench found the language employed by the family court judge to be highly disturbing, reflecting an unsavoury attitude that is inappropriate for a senior judicial officer in the district.
The woman explained she left her husband's house due to a troubled relationship, yet her husband accused her of eloping with someone else. The assumption that she engaged in such activities for pleasure is unfounded, and such moral judgments disregard the purpose of investigating child custody matters. The paramount consideration should be the child's well-being in petitions seeking custody.
The high court emphasised that an individual may be perceived as morally flawed by society, but that does not necessarily translate into being detrimental to the welfare of children. Morality, as defined by society, does not necessarily manifest itself in the parent-child relationship, it noted.
Furthermore, the High Court highlighted that the mother's perception may differ in the eyes of the father compared to the children. Taking these factors into account, the division bench invalidated the family court's order and directed that the child be granted to the mother's custody on alternate weeks.
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