Even after divorce, parents must jointly care for their child, said the Kerala High Court, stressing that “they can never be divorced as parents.”
Kochi: Today, on June 20, in a significant judgment, the Kerala High Court recently held that even if a couple is divorced, their responsibilities as parents continue throughout their lives.
The Court was hearing a contempt petition filed by a father who alleged that his former wife was not allowing him to maintain contact with their minor daughter, despite earlier court orders permitting such interaction.
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The case was heard by a Division Bench comprising Justice Devan Ramachandran and Justice MB Snehalatha.
The father told the Court that he was not seeking action against the mother but only wished to be part of his daughter’s life, especially her education and therapy sessions. He explained that he wanted to be included in her schooling and mental health support as a responsible parent.
While considering the matter, the Court made strong observations about the importance of both parents playing an active role in the upbringing of a child, regardless of their marital status.
The Court said,
“Parents must find peace with each other and be involved with the child’s progress together as partners. They may be divorced as husband and wife, but they can never be divorced as parents. Their responsibilities as parents will continue as long as they live, notwithstanding whether they are husband and wife.”
During the proceedings, the mother’s lawyer informed the Court that she had not prevented the child from meeting the father. According to her counsel, the girl herself was unwilling to interact with her father.
To understand the child’s perspective, the Court personally interacted with the parents and the child. It noted that despite repeated encouragement, the child firmly refused to go with her father.
The Court noted,
“She, no doubt, is attached to her mother, not as a parent alone but also as a caregiver; and perhaps, the thought that this litigation may finally entail action against her mother, must be disturbing her.”
The Bench observed that the best interest of the child must be the primary focus of the Court. The child’s well-being, especially considering her special needs, must be the central concern—not the conflict between the parents.
The Court emphasized,
“The child requires every care that the parents can give her, without any condition and in an unqualified manner. The rights of the child are that we are concerned about, and not that of the parties. The child surely obtains right to have her parents with her when she grows up, particularly when she requires special attention and therapy.”
Reiterating its earlier stand, the Bench stated once again,
“Parents must find peace with each other and be involved with the child’s progress together as partners.”
Based on the facts and the child’s preference, the Court decided to close the contempt petition. However, it gave the father the liberty to take part in his daughter’s therapy and monitor her educational and personal development.
The Court added that while doing so, the father must avoid causing her any mental distress.
The Court clarified that the father’s role must be supportive and caring, and he must not behave in any way that could intimidate or emotionally harm the child.
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The mother’s counsel also submitted an undertaking before the Court, assuring that she would cooperate and allow the father to take part in the child’s development going forward.
The petitioner-father was represented by advocates Smruthi Sasidharan and VP Brijesh, while the respondent-mother was represented by advocates V Philip Mathews, Athulya Sebastian, and Aby Skaria.
Case Title:
Navin Scariah v. Priya Abraham
Read Judgement:
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