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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran,J, M.B.SNEHALATHA
Lima Mathew, D/o. Mathew Varghese – Appellant
Versus
Nirmal Mathews Babu – Respondent
Headnote: Read headnote
| Table of Content |
|---|
| 1. arguments on visitation rights. (Para 11) |
| 2. court's view on gender equality. (Para 12 , 13 , 21) |
| 3. court's final decision on custody. (Para 22) |
JUDGMENT :
The innocuous facade initially presented within the facts of this case, in our view, gives way to the not so uncommon evil of patriarchism and gender inequality, particularly since a mother is forced to be torn by the requirements of her motherhood and professional/personal progress.
3. The petitioner impugns the order of the learned Family Court, Ernakulam, denying her permission to take her child with her abroad because, inter alia, this would denude the respondent – father’s right to see the latter on certain specified days, as was ordered earlier.
5. While so, the petitioner filed I.A.No.4/2025 seeking interim custody of the child and
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.
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.
Custody arrangements cannot be altered based solely on a parent's employment status; child's welfare must prevail.
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 welfare of the child is paramount in custody disputes, and custody orders can be modified upon changed circumstances.
The welfare of the children is paramount in deciding applications for relocation abroad, and detailed applications with full disclosure are necessary.
The welfare of the child is paramount, and arrangements must be made to ensure both parents can interact, even when one parent relocates abroad.
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