The Madras High Court recently denied custody of two minor children to their mother after noting that the woman had a low moral fibre and her company will be detrimental to the well being of the children. [2026 LiveLaw (Mad) 450]

“All these allegations point to a person who has a low moral fibre and whose company would be detrimental to the welfare and well being of two minor children who are at an impressionable age,” the court said. 

The bench of Justice PT Asha and Justice N Mala noted that in custody cases, well being of the minor child had to be given priority and such well-being was not limited to physical well-being but also moral and religious. 

“The word “welfare” has also to be considered in its widest sense including moral or religious welfare alongside physical well being. The Indian laws in this regard viz The Guardian and Wards Act, 1890 or the Hindu Minority and Guardianship Act, 1956 both emphasize on the welfare of the minor as the paramount / dominant factor to be taken into consideration by the Courts of law,” the court observed. 

The court was hearing an appeal filed by the mother against the order of the family court rejecting her plea seeking custody of two minor kids. 

The marriage between the parties was solemnised on March 2015 as per Hindu rites and customs. The mother had argued that she had taken care of the father and children well, but due to a small misunderstanding, she was sent out of the matrimonial home, while the children continued to remain with the father. 

The father, on the other hand, argued that the wife was of loose character and had been caught indulging in immoral and illicit relationships. He argued that she had no regard for the children and used to feed them junk food and made them sleep early so she could engage in immoral activities. 

The father also argued that when he had gone through the mother's whatsapp chats, he came to know that she had sent nude and semi nude photos to other men and had video called several persons during late nights. He thus argued that the mother was unfit to be given custody of the children but added that she was free to visit the kids at a common place. 

The court found force in the father's argument. It took note of the pendrive and the cellphone produced by the father before the Family Court, which contained nude and semi nude photos of the mother. The court also noted that in her evidence, the mother had admitted having conversations with several men. 

The court remarked that in our culture, mother was placed above god but in the present case, the mother had forgotten her status and duty as a mother, to inculcate good behaviour to the children right from the time she breastfeeds them. 

“We belong to a culture where a child cuts its teeth with the age- old adage, “Matha, Pitha, Guru, Deivam,” wherein the mother is held in a position higher than that of God…Unfortunately, the appellant before us has failed to remember her duty and status as a mother and that it is the mother who inculcates good behaviour to the children right from the time she breastfeeds her child,” the court observed. 

Thus, the court opined that the family court had rightly rejected the custody petition by considering the overall well being of the children. Finding no reason to disagree with the family court order, the court dismissed the appeal. 

Counsel for Appellant: Mr J.Franklin

Case Title: A v B

Citation: 2026 LiveLaw (Mad) 450

Case No: CMA No 2981 of 2026