Father Denied Interim Custody as Court Prioritizes Home-Cooked Food in 8-Year-Old’s Welfare Assessment
Brief Summary of Facts:
Mother, an IT professional working from home in Kerala filed a child custody case seeking sole custody of two children – 8 year old daughter & 3 year old son as she apprehended her husband who works in Singapore may take them away from her. When the case is still pending, father files IA No. 2 seeking interim custody/ visitation rights to the children, to which he was granted visitation rights on every second Saturdays of the month for three and half hours in the court premises along with video calls on other Saturdays of the month for 20 minutes.
Unhappy with the Family Court order, father preferred an Original Petition under Article 227 of Constitution of India before the High Court of Kerala, which ordered 15 days of every month custody of both the children to the father. Mother appealed this order and got operation of the order stayed to the extent of interim custody granted to the father in respect of the minor son. However, the interim custody of the girl child aged 8 years granted to father for 15 days of every month is contested here.
Observation made by the Apex Court:
In camera interactions with the parents & 8 and half year old girl, the court noted ‘that the environment being provided to the child by the father during the interim custody period of 15 days may not be conducive to her physical and emotional well-being.’ The observations included ‘continuous consumption of food procured from restaurants/ hotels would pose a health hazard’ to a child. Apart from this, the child has maternal grandparents, her younger sibling & a mother who works from home for her holistic development when she is with her mother when compared with having only her father’s company for 15 days.
Meanwhile the court also observed doting father’s commitment to make himself available for 15 days of every month even though he is working in Singapore.
Judgement:
The Apex Court ordered ‘interim custody of the daughter on alternate Saturdays and Sundays of every month. On either of these two days, the respondent father will be entitled to meet and have interim custody of the boy child for a period of four hours subject to the comfort of the child. This period of four hours interim custody of the boy shall be supervised by a child counsellor, who is to be engaged by the respondent father with prior approval of the family Court. The respondent father shall make sincere efforts to provide home cooked meals to the children during this period of interim custody.’
Our View on this Judgment:
Crux of the Child Custody cases has always been the welfare of the child considered to be paramount. Adding another aspect of welfare i.e. nutritious, home-cooked meals for the children of tender age definitely proves that we are progressing towards responsible adults shaping the future generations. The court’s decision reflects a holistic evaluation of the child’s welfare, where home-cooked meals symbolized a parent’s comprehensive caregiving. While nutrition alone might not determine custody, it served as a tangible indicator of parental responsibility. Combined with stability, routine, and broader caregiving capabilities, this led to the father losing interim custody. The ruling underscores that even seemingly mundane aspects like meal preparation are scrutinized to safeguard the child’s best interests.
For the complete judgement and citation click here.
Advocate Kiran S R – A highly skilled, passionate, dedicated advocate, with vast wealth of knowledge, professionalism, ethical approach and expert skills. One of the sharpest legal mindset brings the best principles of legal practice to the forefront. A qualified Engineer turned Advocate. His passion, dedication and vision to help and assist his clients achieve the best results is his driving force.
