Family Law – Custody Dispute – Contempt of Court – Child’s Welfare – Parental Responsibilities – Special Needs Child.
The 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. (Para 7)
2025 KER 42893 : 2025 KLT OnLine 2154
High Court of Kerala
Hon’ble Mr. Justice Devan Ramachandran & Hon’ble Mrs. Justice M.B. Snehalatha
Con.Case (C) No. 1261 of 2025; June 17, 2025
Case Arising From: Mat.Appeal No. 1096 of 2024
Petitioner filed contempt case alleging respondent (mother) prevented child’s interaction with him, contrary to prior court orders. Petitioner clarified intent was to participate in child’s life, not to pursue contempt action. Respondent submitted child, with special needs, was unwilling to meet petitioner due to emotional attachment to mother and health issues. Court observed child’s distress and emphasized paramountcy of child’s rights over parental disputes. Contempt case closed, with directions ensuring petitioner’s involvement in child’s therapy and education without causing distress. Both parents urged to cooperate for child’s welfare despite marital discord.
Held: Child’s right to care from both parents, especially for a special needs child, supersedes parental conflicts. Parents remain bound by responsibilities despite divorce. Contempt proceedings closed; petitioner granted liberty to participate in child’s therapy and education, with respondent’s undertaking to facilitate same.
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For Petitioners :
Adv. Smruthi Sasidharan |
Adv. V.P. Brijesh |
For Respondents :
Adv. V. Philip Mathews |
Adv. Athulya Sebastian |
Adv. Aby Skaria |
