Kerala High Court Directs Family Courts To Follow Calcutta High Court's Guidelines On Child Custody Till State Rules Are Framed

The Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M issued the order, while disposing of a habeas Corpus petition.

The habeas corpus petition was filed by a mother, who is the natural guardian of a minor child on the ground that despite a decree passed by the Family Court granting permanent custody to her, the father of the child illegally removed the child from her custody while the child was in school and without informing her.

The Court noted that a 24 April, 2026 order by the Family Court had granted the child permanent custody to the mother while observing that the child may be returned to the mother after the minor stays with the father for a few days. The Court noted that more than a month had passed after order has been passed but the child has not been returned to the mother.

The Court thus noted that the father has acted in breach of the assurance given to the Family Court by failing to return the child to the mother.

“It is unfortunate that the child is being treated like a pawn in the hands of the parents. The parents are not expected to behave irresponsibly. In our view, the child should now be returned to the mother, who shall continue to be the guardian of the child unless and until the order of the Family Court is modified.” Court observed.

The Bench further stated that Family Courts in the State may, for the time being, follow the Child Access, Child Custody and Parenting Plan Guidelines approved by the Calcutta High Court in 2025, pending recommendations from a committee considering adoption of a similar framework in Kerala.

"The Family Court may pass appropriate direction taking into consideration the Guide lines (for child access, child custody along with parental plan) as formulated with the participation of several stakeholders and approved by the Calcutta High Court on 23rd September, 2025 in W.P.A (P) 257 of 2021 (Ayushman Initiative for Child Rights) and W.P.A.(P) 166 of 2022 (Antara). This comprehensive child access and custody guidelines along with the parenting plan may for the time being be followed by the Family Courts in Kerala till the committee constituted to consider the said plan has finally placed its recommendations." the Court said. 

The Court also directed a Child Welfare Officer to submit a social investigation report in the pending Family Court proceedings of the present case to assist in determining future arrangements in the child's best interests.

The Registrar General was instructed to circulate the child custody and parenting guidelines to District Judges, Family Courts and Magistrates handling custody disputes, matrimonial matters and cases under the Protection of Women from Domestic Violence Act, 2005, until formal rules are framed.

Case Title: Hayarunisa Abdul Hakkim v The Director General of Police and Ors.

Case No: WP(Crl.) 820/ 2026

Citation: 2026 LiveLaw (Ker) 302

Counsel for Petitioner: Navaneeth N. Nath, Abhirami S., Abdul Latheef P.M, Krupa Saji, Arun Gopi G.L

Counsel for Respondent: Reginald Valsalan, Ann Maria Francis

K.A. Anas (PP)