Kerala HC, child with parents Kerala High Court
Courts have the power to modify custody decisions depending on changing circumstances and taking into account the welfare of the child, the Kerala High Court recently ruled.
In an order passed on April 11, a Division Bench of Justices issued an order Raja Vijayaraghavan V And PM hands It is sad that when considering custody issues, the best interests of the child must be the primary consideration, rather than strict adherence to parental rights or previous court decisions.
“Courts have the power to change custody decisions if circumstances that affect the child’s well-being change. Even if decisions are based on an agreement/agreement between the parents, they can be reviewed if the situation changes and this is deemed necessary.” Ensuring the best possible environment for the child is always the priority for the child's well-being and not strict compliance with parental rights or past court decisions. explained the court.
It considered a petition against an order of a family court that had found that a modification request by the child's mother (respondent) regarding custody should be upheld.
The family court emphasized that the best interests of the child take precedence over the legal rights of the parents. It was also said that the initial custody decision could not be viewed as final.
This prompted the father (applicant) to challenge the viability of the mother's application in the Supreme Court.
The petitioner's lawyer claimed that this was a prolongation tactic and a clear violation of his custody rights under the settlement decree.
However, the defendant's lawyer pointed out the child's psychological problems and emphasized the need to reconsider the custody agreement for the child's best interests.
The Supreme Court ordered the parties to appear in person with the child in court.
It then found that the child showed signs of distress at birth, staying close to his mother and insisting that he did not want to be with his father.
After a thorough analysis of the facts of the case and the current condition of the child, the court found that a mutual agreement between the parties cannot be the basis for preserving the custody of the parents.
If circumstances affecting the child's best interests are in question, custody orders can be changed, the court emphasized.
It also noted that each case must be decided on its own facts, taking into account the moral and ethical best interests of the child, and that the doctrine of res judicata would not always be applicable to custody matters.
It therefore confirmed the decision of the family court and dismissed the father's lawsuit.
The petitioner was represented by advocates Praveen K Joy and Abisha ER.
Advocates TD Susmith Kumar, TO Deepa, Jaykar KS and C Sivadas appeared for the defendant.
Thomas @ Manoj EJ v Indu S.pdf
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