Supreme Court reverses own order, grants child's custody to mother
PTC Web Desk: In a rare move, the Supreme Court reversed its earlier decision to grant permanent custody of a 13-year-old child to his father, after concerns were raised about the child's mental health. The court highlighted the necessity of adopting a flexible approach in such cases, prioritising the best interests of the child.
The case began in August 2024, when the Supreme Court had initially upheld the Kerala High Court's judgment, granting the child's permanent custody to his father. However, the child's mother filed a review petition, citing a psychologist's report that indicated the child was suffering from anxiety and was at high risk of developing separation anxiety disorder. She also claimed that following the court’s previous order, the father had threatened the child with preventing contact with his mother, worsening his psychological condition.
The Supreme Court acknowledged the psychologist's report as new evidence and emphasised that the child's deteriorating mental health warranted a re-evaluation of the custody decision. The Bench stated, "In matters of custody, the best interest of the child remains at the heart of judicial adjudication, and any factor adversely affecting the child's welfare must be given due consideration."
The SC also noted that the child viewed his father as a "stranger" and had never spent even a single night with him. In contrast, the child regarded his mother as his primary caregiver and found comfort in her presence. The Supreme Court stressed that custody decisions must focus on the child's welfare, which is subject to change over time and cannot be confined to rigid standards.
The child’s parents married in 2011, and the child was born in 2012. However, marital discord led to their mutual consent divorce in 2015. The custody arrangement agreed upon by both parents stipulated that the child would live with his mother, and the father would have visitation rights twice a month.
After the divorce, the mother remarried and had another child, while the father had no contact with his son for four years. In 2019, the mother sought the father’s consent to take the child abroad as she was relocating to Malaysia. This prompted the father to file a petition in the family court, seeking permanent custody of the child.
In 2022, the family court ruled in favour of the mother, granting her custody and allowing her to take the child abroad during holidays. However, the Kerala High Court overturned this decision, granting permanent custody to the father and ruling that relocating the child to Malaysia would not be in the child's best interests. The mother then appealed to the Supreme Court.
- With inputs from agencies
