The bench expressed concern that the father had been feeding restaurant or hotel food to his daughter instead of nutritious home-cooked meals.
NEW DELHI: The Supreme Court of India has refused to give interim custody of an 8-year-old girl to her father after it found that he failed to provide home-cooked food to her when she stayed with him earlier. The apex court also reversed the Kerala High Court’s order dated December 11, 2024, which had allowed the father to share custody of the children every 15 days.
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The judgment was delivered by a three-judge bench of Justices Sandeep Mehta, Vikram Nath, and Sanjay Karol.
The bench expressed concern that the father had been feeding restaurant or hotel food to his daughter instead of nutritious home-cooked meals.
The top court observed:
“Continued consumption of food procured from restaurants/hotels would pose a health hazard, even to a grown-up person, what to talk of a tender-aged child of eight years. The child definitely requires nutritious home-cooked food for her overall well-being, growth and development. Unfortunately, the respondent-father is not in a position to provide such nutrition to the child,”
said the court in a judgment written by Justice Sandeep Mehta.
The Supreme Court noted that the mother is better placed to take care of the children, especially because she lives with her parents, works from home, and provides emotional and moral support to the children.
It also pointed out:
“In contrast, the parents of the appellant-mother are staying with her. She has the advantage of the facility of working from home. That apart, the younger brother of the girl child is there to provide her healthy company. Hence, the emotional and moral support which the child gets at her mother’s home is manifold than what is being provided by the father,”
said the court.
While denying interim custody of the girl, the Supreme Court allowed the father visitation rights to both of his children.
He can:
- Visit his daughter and 2-year-old son on alternate weekends.
- Make 15-minute video calls to the children every Tuesday and Thursday.
- Spend four hours with his son on a weekday of his choice, but only in the presence of a child counsellor approved by the family court.
- During these visits, he has been directed to ensure home-cooked food for the children.
Background:
The parents got married in 2014 but started living separately due to disagreements. After the birth of their son, they tried to patch up, but the relationship didn’t work.
The father works as a general manager in a construction company in Singapore, and the mother works in an IT firm in Thiruvananthapuram, Kerala.
In June 2024, the woman approached the family court for permanent custody of their children, saying the man had threatened to take them forcibly. The family court then allowed him to meet the kids every second Saturday for 3.5 hours at the court’s premises.
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The man then challenged the family court’s decision before the Kerala High Court, which on December 11, 2024, modified the order and granted alternate 15-day custody to both parents.
The mother then approached the Supreme Court, which set aside the High Court’s order and restored full custody with her for now. The apex court also told the family court to decide the final custody matter soon.
