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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JUSTICE DEVAN RAMACHANDRAN, MRS. JUSTICE M.B. SNEHALATHA, JJ
Divya M.S D/o Sukumaran – Appellant
Versus
Amith S/o Soman – Respondent
Headnote: Read headnote
JUDGMENT :
Devan Ramachandran, J.
We propose to be as brief as possible in this judgment, adverting to the peculiar circumstances and facts presented.
2. We are disposing of both these Original Petitions together because, the factual circumstances involved are common.
3. The petitioner and the respondent were married, but divorced and admittedly, both of them are remarried now. They have a son of 11 years in their union and he is now caught between the fight of his parents regarding his custody. The petitioner-mother went to Canada to study and she moved I.A.No.26/2023 in G.O.P 1537/2023 before the learned Family Court, Trissur, seeking permission to take the child with her; while, the respondent filed I.A.No.20/2022 in the same G.O.P., seeking that he be given custody of the child, so as to take him to Dubai, where he was employed.
4. The learned Family Court dismissed I.A.No.26/2023 filed by the mother holding that: ‘If the child is taken to Canada there is no doubt at all that the child will be totally alienate from the father. Moreover
The welfare of the child is paramount in custody disputes, and custody orders can be modified upon changed circumstances.
The court emphasized that a parent's dependent visa status does not diminish caregiving capacity, and the child's expressed preference in custody matters is paramount.
The paramount consideration in custody matters is the welfare of the child. The preference of the child to be with one of the parents should be the primary factor, as long as there is no disability p....
The court emphasized the importance of reviewing child custody arrangements based on changes in circumstances and the welfare of the child.
The court clarified that errors in custody orders can be corrected and that estoppel cannot prevent a party from seeking relief when an error has occurred.
Habeas corpus can enforce foreign custody orders; compliance with parental rights and welfare of the child are paramount in custody disputes.
Child custody considerations must prioritize the child's welfare and expressed wishes over parental marital status.
Children's welfare must guide custody decisions, with equal emphasis on parents' visitation rights.
The court affirmed that a mother's professional aspirations should not be sacrificed for familial duties, balancing parental rights and the child's best interests.
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