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Mother cannot be considered bad for child's welfare merely because she is considered morally bad by society: Kerala HC

Team SoOLEGAL 21 Jun 2023 5:34pm

Mother cannot be considered bad for child's welfare merely because she is considered morally bad by society: Kerala HC

New Delhi: The Kerala High Court recently stated that when it comes to child custody, a mother cannot be considered bad for the child's welfare simply because she is morally bad in the eyes of society.

A division bench of Justices A Muhamed Mustaque and Sophy Thomas stated that society's so-called morality is based on their own ethos and norms and does not have to reflect in a contextual relationship between a parent and child.

The High Court observed that, “in a matter related to the child's custody, the welfare aspect alone has to be considered first. A man or woman may be bad for someone in a contextual relationship, but that does not necessarily mean that the person is bad for his/her child. A mother may be morally bad in the societal sense, but that mother may be good for the child as far as the welfare of the child is concerned,”

The observation was made in response to a plea filed by the mother of a minor challenging a family court order granting the father sole custody of the child.

The order was issued by the family court on the grounds that the mother had eloped with another person for the sake of pleasure and that her "wayward life" would jeopardise the welfare of the children.

During her interaction with the Court, the petitioner-mother stated that she was forced to leave the matrimonial home due to her husband's strained relationship.

The petitioner's father further told the Court that she went with a friend of her brother to make it appear as if she had parted ways with someone in order to get out of the marriage.

The husband, on the other hand, insisted that she had parted ways with another man.

The High Court stated that it does not currently believe either version of events.

However, it stated that the family court judge's language was deplorable.

It also stated that the family court erred in assuming that simply because the petitioner left the house and was later seen with another man, it could not conclude that she was harmful to the child's welfare.

There are many reasons why a couple may have to leave their marriage. If a woman is discovered with another person, it cannot be assumed that she went for pleasure. The moral judgement reflected in such orders would defeat the objective of inquiry in child custody matters, the Court stated in its decision.

Therefore, the High Court overturned the family court order and granted both parents cyclical custody of the child.



Tagged: Kerala High Court   Mother  
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