Postpartum depression is not a reason to permanently deprive mother of custody: Kerala High Court

The Supreme Court noted that the family court's decision was based on old medical records from February 2023, which showed that the mother had suffered from postpartum depression.

The Division Bench Devan Ramachandran And MB Snehalatha further emphasized that further investigations should have been carried out to find out whether the mother still suffered from such a disease.

“To claim that the plaintiff's wife is still suffering from postpartum depression and is even unwilling to breastfeed the child must certainly be proven by conclusive and reliable methods; but in our firm belief, the learned scholars could not have maintained the same in the Family Court as has been done in Ext.P8 order merely on the basis of the aforesaid records,” the court said.

Postpartum depression is quite common and is a temporary illness, the court said.

“It must be taken into account that it is now generally clear through scientific studies and assessments that postnatal depression is quite common in some women and that this is not a situation that lasts forever, but is usually of a temporary nature and is short Duration,” the Nov. 8 order states.

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