Kerala HC overturns family court verdict on child custody, stresses need for reliable evidence in postpartum depression claims

Kerala High Court: In a petition challenging the decision of the Family Court declaring that the mother was suffering from psychiatric disorders and granting permanent custody of the child to the father, Justices Devan Ramachandran and MB Snehalatha, JJ. While disregarding the impugned orders, he noted that although postpartum depression is common in some women, it is typically temporary in nature and does not last indefinitely. The court emphasized that the claim that the mother was still suffering from postpartum depression and was unwilling to breastfeed the child must be supported by convincing and reliable evidence.

The plaintiff is the defendant's former wife and they have a child aged 1½ during their marriage. The dispute between the parties concerns the custody of the said child; and it turns out that the husband has filed for permanent custody of the child.

The family court granted the above-mentioned application because it prima facie found that the wife was suffering from a mental disorder.

The wife appealed against the family court's decision on the grounds that the court's assumption that she suffered from a mental disorder was regrettable and had no factual basis; and therefore pray that they all be put aside, especially because the child is not ready to go to his father, since he is still very young. She also has a case where the child is still breastfed and therefore needs to be breastfed; and therefore separation from his mother would cause severe trauma and stress for him.

The husband claimed that the wife was suffering from severe postpartum disorder and showed no affinity for the child.

The court found that the medical records used by the husband were from 2023, immediately after the wife gave birth to the child; and it just suggests that she was suffering from postpartum depression, which shows some alienation towards the baby at that time.

The court pointed out that, according to reliable scientific studies and assessments, postpartum depression is quite common in some women and that this is not a situation that lasts forever, but usually only lasts temporarily and for a short time. Claiming that the woman is still suffering from postpartum depression and even unwilling to breastfeed the child certainly needs to be proven by convincing and reliable methods.

The court noted that in the previous order it had ordered a medical examination at the woman's request.

The court, after taking note of the report of the Department of Psychiatry of the Government Medical College, observed that the Family Court's presumption regarding the wife's alleged psychiatric problems cannot be confirmed, at least at this stage, without further assessment.

Therefore, the court annulled the family court's decision finding that the mother suffered from a mental disorder and the decision granting custody of the child to the father.

The court clarified that the assessment of the wife by the Government Medical College is only for the assessment of the court and the parties are free to avail the remedies available to them if the matter is finally decided by the family court.

The court also allowed the husband to approach the family court if circumstances change in the future or if the husband believes further orders are necessary.

[Xxxxx v Xxxx , OP (FC) NO. 671 of 2024, decided on 08-11-2024]

Lawyers who appeared in this case:

For the applicant: MGSreejith, Vidyajith M, Bincy Jose Rojin Devassy

For the respondent: Kalam Pasha B, Vishakha J, Hasna Ashraf, Juvyria AA, Sri PM Shameer