Kerala Man Loses Custody Of Daughter As Court Cites Lack Of Home-Cooked Meals

The Supreme Court of India has set aside a Kerala High Court decision that had granted shared interim custody of two minor children to their father, ruling in favour of the mother after evaluating the children’s overall welfare and living conditions.

'Failed To Meet Basic Responsibilities'

A bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta held that the father had failed to meet basic caregiving standards, including providing nutritious, home-cooked meals—crucial for the health and development of young children, as reported by India Today. The bench highlighted the specific needs of the couple’s eight-year-old daughter, emphasising the importance of a stable, emotionally supportive, and nutritionally adequate environment.

The Kerala High Court had earlier directed that custody be shared equally, with each parent caring for the children for 15 days every month. However, this arrangement was challenged by the mother, who raised concerns about her daughter’s living conditions while staying with the father.

According to the case details, the father—employed in Singapore—would return to Thiruvananthapuram every two weeks to spend time with his daughter, who during those periods lived in a rented home without her younger brother or extended family, reported News 18. The child was reportedly left isolated and reliant solely on restaurant food during her stay.

While the apex court acknowledged the father's efforts and intent, it found the environment lacking in essential elements necessary for a child’s holistic well-being. According to the bench, as quoted by NDTV, even though they could ask the father to provide home-cooked meals it was the fact that the girl did not have any company in the interim custody period of 15 days. Thus, the reason reportedly weighed down the father's claim for custody of his child. 

The court ruled that custody should remain with the mother, who works remotely and lives with her parents, offering benefits emotionally, morally and socially.

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