The Kerala High Court has granted custody of a minor child to his father, emphasising the child’s welfare and expressed desire to live with him while deciding a habeas corpus plea.
A Division Bench comprising Justices Raja Vijayaraghavan V. and K.V. Jayakumar interacted with the child during proceedings and noted that he clearly wished to stay with his father.
Child cites neglect and health concerns
During the interaction, the child reportedly stated that he was suffering from asthma and that his care was not adequately managed while living with his maternal grandmother. He also mentioned not receiving proper food and relying mainly on school meals.
The court took note of these concerns, observing that the child’s health and basic needs were not being sufficiently addressed.
Background of custody dispute
The parents, married in 2010, had separated due to marital issues. The child initially lived with the father until 2021, after which the mother took him to Kozhikode. The mother later remarried, and the child was placed under the care of his grandmother.
The father alleged neglect and approached authorities, including the District Child Protection Unit (DCPU) and Child Welfare Committee (CWC). Following intervention, the child was moved to a hostel for orphaned children.
Court prioritises best interest of child
The court observed that continued placement in an institution was not in the child’s best interest. It noted the child’s positive relationship with his father and concluded that his welfare would be better ensured under paternal care.
The Bench stated that custody with the father would adequately safeguard the child’s well-being.
Monitoring and future provisions
The court directed the District Child Protection Officer to conduct periodic inspections every three weeks to monitor the child’s welfare. It also clarified that the mother may approach the Family Court if she seeks custody in future.
Authorities have been instructed to take immediate action if any concerns arise regarding the child’s safety or well-being.