Undesirable? Can not compel child to live with parent, if unacceptable to him: Kerala High Court

While considering a habeas corpus plea filed by a mother seeking custody of her child, the Kerala High Court ruled that a minor child cannot be forced to live with a parent who is completely unacceptable to the child.

The ruling was made by a division bench, which included Justices Anil K Narendran and G Girish while allowing the child to reside with the family of his late father.

According to the sources, the Kerala High Court in its ruling said that this Court can't pass an order requiring that a parent have custody of their child if it is determined that, in a particular case, doing so would be detrimental to the child's interests. This is especially true when the child is older and has sufficient mental maturity to decide on his own future course of action. “It is not possible for this Court to pass an order compelling that child to live with such parent who is unacceptable to him,” the court added.

The statement from the court has come after considering the facts of a case where a mother approached the Court seeking custody of her son in a habeas corpus petition. According to the case, the minor child was living with his father and was very attached to him. Then, after the demise of his father, the child was shifted to Dubai and was residing with the family of his father's sister. The mother alleged that the child was taken to Dubai against the order of the family court and was in illegal custody.

However, the court after interacting with the child stated that he did not wish to live with his mother and was living happily with his aunt. During the ruling, the Court also mentioned that the child and his mother were not in a cordial relationship.