Custody Decisions Not Based On Gender Of Parent But On Child's Best Interests; Children Require Both Parents Equally: Kerala High Court

The vacation bench of Justices Devan Ramachandran and P.Krishna Kumar was considering a batch of petitions challenging the custody of minor child by parents.

Justice Devan Ramachandran who presided over the bench opined that children require both parents.

“In fight for custody of children, parents forget that children have the right to be with both of them equally…Courts are neither Feminist or masculinist, nor will we tolerate patriarchism. We will enforce judicial orders with constitutional will” he added

He further observed “If a court is to grant custody to a mother, they would brand it “feminist” and if it should give to the father, then it is accused to be “anti-woman”. Every case has different facts and circumstances which cannot be compared with each other. Courts will have to analyze them on a case to case basis and take decisions, fundamentally keeping the best interests of the child in mind. Rumours are spread by interested persons, occasionally even by lawyers, whose intentions are malafide and without knowing the facts involved.”

The Court further opined that parents should always be Parents and understand that they cannot fight with each other since it will impact the children and make them intolerant in future.

“In matters of custody, the choice should not be as to which parent, but to ensure that the children are able to spend maximum time with each of them. But, this most important requirement is often lost in the heat and din of litigation, mostly fueled by ego and anger,” Court added.

Before concluding the proceedings, Justice Devan on behalf of the bench remarked, “Where has humanism gone? It deeply pains us to see children crying caught between the strife of their parents for no reason they understand.”