'Only Substantial Meal Was School Lunch': Kerala HC Grants Custody To Father After Child Was Placed In Orphanage Over Neglect By Mother's Side
The Kerala High Court recently directed that a custody of a minor child be given to his father while considering a habeas corpus plea filed by the father alleging neglect by the child's mother and grandmother, leading him to lodged in an orphanage.
The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar interacted with the child during the course of the proceedings and noted that the child wished to be with his father.
The Court remarked:
“During our interaction, the child stated that he is suffering from asthma and that his welfare was not being properly attended to while in the care of his grandmother. He further stated that he was not provided with adequate food in the mornings and that his only substantial meal was the lunch provided at school. The child reiterated his health concerns and expressed, in clear terms, his desire to reside with his father.”
The parents of the child had gotten married in 2010 and they became separated after their marital relationship became strained. Their child was initially residing with him till 2021 and thereafter, the child's mother took him to Kozhikode. Subsequently, the mother remarried. She is residing with her new husband and thereby neglecting and abandoning the child, the father had stated.
He further submitted that the child is under the care of his maternal grandmother but she is not able to care well for the child due to old age and ailments. Moreover, the child is suffering from asthma and requires proper medical care but is not even provided with adequate food by his grandmother.
The father came to know about the same after the child informed him about the same over phone. He then lodged two complaints before the District Child Protection Unit (DCPU) and Child Welfare Committee (CWC) and pursuant to the same, the child was rescued and admitted in a hostel for orphaned children.
At this juncture, the father approached the Court stating that the child is being kept away from him contrary to the child's wishes and without lawful justification.
The Court observed that the DCPU had reported that the relationship of the child's parents was strained and he was rescued and lodged in a hostel. It was also noted that the child had informed the Child Protection Officer that he has a good relationship with his father and wished to stay with him. The Court had then directed the hostel authorities to produce him.
The Court interacted with the child, his father and paternal grandfather in person and with the father's sister over phone. The paternal aunt expressed her willingness to take care of him once he completes 7th standard. Thereafter, the Court opined that it would be of the best of the child if he is with his father.
It observed:
“we are satisfied that the welfare and best interests of the child would be adequately safeguarded if custody is entrusted to the father. The continued placement of the child in an institution meant for orphaned children cannot, in our view, be regarded as being in his best interests.”
The Court thus allowed the plea and held that the father is entitled to the custody of the child. It was further clarified that the child's mother would be free to approach the Family Court concerned for custody, if she chooses to.
The Court also directed the DCPO to conduct periodic inspection once every three weeks to monitor the child's wellbeing. The DCPO is to immediately inform the CWC if the child's welfare is found to be at risk. The CWC is to take remedial measures and inform the Court, if needed, by filing a report. The Registry is directed to post the matter for orders if such a report is received.
Case No: WP(Crl.) No. 482 of 2026
Case Title: XXX v. State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 187
Counsel for the petitioner: Gikku Jacob
Counsel for the respondents: Anas K.A. – Government Pleader, Kiran Johny