Kerala man loses custody of children as top court flags lack of home-cooked meals

India Today

02-05-2025

The Supreme Court on April 29 overturned a Kerala High Court order that had granted interim custody of two minor children to their father.A bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta ruled that the father had not met essential responsibilities, including providing proper care and nutritious, home-cooked meals for the children.
The bench emphasised that frequent consumption of restaurant food could be detrimental, especially for a young child. It noted that an eight-year-old requires balanced, home-prepared meals-something the father had failed to ensure.advertisement"It's well-established that regular intake of food from restaurants or hotels can affect health, even in adults. The nutritional needs of a growing eight-year-old demand home-cooked food, which the father is currently unable to provide," the court observed.The court also flagged concerns about the father's limited availability, stating that his work commitments left him with insufficient time to engage fully with the children during the custody period."We could even have considered giving an opportunity to the respondent-father to make suitable arrangements for providing home-cooked food to the child, but the fact that the child gets no company whatsoever except for that of the father during the interim custody period of 15 days is an additional factor which weighs heavily against his claim for the child's custody at this stage," the bench observed.advertisementThe couple, who married in 2014, separated in 2017 following marital issues. They have two children from the marriage.In June 2024, the mother approached a family court in Thiruvananthapuram under the Guardians and Wards Act, 1890, seeking permanent custody. The court granted her interim custody, allowing the father to meet the children only once a month and through weekly video calls. The main custody matter remains under consideration.Unhappy with these limitations, the father appealed to the Kerala High Court. In December 2024, the High Court modified the arrangement, allowing the father 15 days of custody each month, subject to conditions such as renting a residence in Thiruvananthapuram, hiring a nanny, and creating a supportive environment.The mother contested this decision before the Supreme Court.Upon review, the top court found the father had not fulfilled key conditions set by the High Court-most notably, he neither hired a nanny nor ensured fresh, home-cooked food for the children.During a private interaction with the eight-year-old daughter, the court observed she was bright and well-spoken. She expressed unease with the fortnightly custody change and said that during her stay with her father, all meals were ordered from outside. She also mentioned feeling isolated due to the lack of any companionship apart from her father.advertisement"She appeared disturbed by the constant shift between households under the 15-day custody cycle," the court said.The court further voiced concern for the three-year-old son, who had barely lived with the father and could experience psychological distress if separated from his mother."The High Court's interim arrangement for the younger child lacks justification and is clearly unsupported by the record," it stated.The top court reiterated that child custody decisions must always prioritise the child's best interests and not hinge on the affection or emotional arguments presented by either parent."The love and sincerity shown by a parent cannot alone dictate custody outcomes," the bench added.Finding that the High Court had not adequately considered the potential impact of frequent custody exchanges, the Court annulled its interim custody order."The High Court's decision to allow 15 days of custody each month was flawed. It failed to account for the mental, physical, and emotional toll such an arrangement might take on the children. Over time, this could cause lasting psychological harm," the court said.That said, acknowledging the father's willingness to remain actively involved in his children's lives, the Supreme Court permitted limited visitation.advertisementThe father may now meet his daughter on alternate weekends. During these visits, he may also spend up to four hours with his son, provided the child is comfortable and a court-approved child counsellor supervises the interaction.The bench also permitted video calls between the father and the children for 15 minutes every Tuesday and Thursday, at times convenient for both sides.The court further directed the family court to fast-track proceedings in the mother's custody case.Senior Advocate Haripriya Padmanabhan, with advocates Santosh Krishnan and Sonam Anand, appeared for the mother. Senior Advocate Rajesh Kumar Pandey and Advocate Aswathi MK represented the father.With inputs for Bar and BenchTune InTrending Reel
IN THIS STORY#Kerala#Supreme Court