SC returns son's custody to mother, noting child's separation anxiety
What's the story
The Supreme Court has restored a mother's custody of her 12-year-old son, reversing its earlier decision that had awarded permanent custody to the child's biological father. The decision was taken after the court heard a review petition filed by the mother, who argued that the previous ruling had ignored serious psychological harm to the child. The bench, comprising Justices Vikram Nath and PB Varale, emphasized that "the best interest of the child remains at the heart of judicial adjudication."
Court
'We cannot turn a blind eye to the trauma'
In its ruling, the bench said, "We cannot turn a blind eye to the trauma that is being inflicted on the child in consequences of the orders of the courts of law handing custody to the father." The court further stated that, while review jurisdiction should be used sparingly, the child's deteriorating mental health as a result of the earlier verdict constituted a "substantial and compelling" justification for judicial intervention.
Custody battle
Mother moves abroad with son, father seeks permanent custody
The couple had divorced by mutual consent in 2015, with the mother initially getting custody of their son. After her divorce, she remarried and had another child. In 2019, she wanted to move abroad with her son, as her husband got a job in Malaysia. The father opposed this and sought permanent custody, alleging that their son's religion had also been changed from Hinduism to Christianity without his knowledge or consent.
Court proceedings
HC favors father; mother's review petition highlights child's anxiety
In October 2022, the family court dismissed the father's plea for custody, upholding the mother's custody. However, this decision was overturned by the Kerala High Court in favor of the father. The mother then challenged this order in the Supreme Court, which initially upheld it in August 2022. She later filed a review petition supported by clinical reports from CMC Vellore's Psychiatry Department, warning of "high risk for separation anxiety disorder" and "significant anxiety" in the child.
Custody restoration
What did the SC say?
The Supreme Court took note of these reports and observed that the change in custody had a "calamitous effect" on the child's mental health. It emphasized that a secure, supportive, and loving family is essential for healthy childhood development. At the same time, the court also allowed structured visitation for the father, permitting weekly physical meetings and virtual interactions twice a week but denying overnight stays for now.