In the Matter of Aneesa F. v. Shefeekmon K.I a petition filed at the mother’s request contesting a Family Court decision giving the father custody of a young child
The mother claimed that a tense relationship and domestic abuse drove her out of the marital home.
According to the father, the mother allegedly eloped with another individual.
Analysis of Court Decision
The Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas of the Kerala High Court determined that shared parenting time was in the best interests of the kid and the parents. The father, who already had the older child, who was completely blind, with him, was granted custody of the son, who was then three years old, by the Family Court. The mother eloped with another person for fun, and the Family Court found that her decision to lead such a rebellious life would be detrimental to the welfare of the children.
“Man or woman may be bad for someone in a contextual relationship, but that does not necessarily mean the person is bad for his or her child,” the high court ruled. In terms of the child’s well-being, a mother who is morally wrong in the eyes of society may yet be beneficial for the child. A parent’s and child’s relationship should not necessarily mirror the so-called morality that society has developed based on its ethos and standards. The mother’s care for the kid, who was cherished in our nation for nine months and had experienced the agony of delivery, was taken into consideration by the court. It also emphasised the need for the Court to consider how well-protected a kid is when in a parent’s care. The mother may be bad for the father or vice versa, but she may be good for her child, the high court observed, and such matters must be examined by the courts following the introduction of evidence.
According to the court, shared parenting time would be best for both spouses and children. The mother was granted custody by the court on alternating Fridays at 5 p.m. till the following Friday at 5 p.m. The court additionally ordered that the child be delivered to and picked up from the Family Court grounds.