‘Neglect’ by mother: Kerala HC grants son’s custody to father

Kochi: High court, expressing concern for the welfare of an 11-year-old boy whose parents are living separately, granted his custody to his father, with a directive to the district child protection officer, Kozhikode, to conduct periodic inspections every three weeks to monitor the child's well-being.The bench of Justices Raja Vijayaraghavan and K V Jayakumar was considering a petition by a makeup artist from Ernakulam seeking custody of his son, who had been in the care of his wife, living separately in Kozhikode. The petitioner alleged that his wife is presently in a relationship with another man and that the child was under the care of his maternal grandmother.HC considered the submission of the minor boy that he suffers from asthma and was not being provided with adequate food in the mornings while in the care of his grandmother, and that his only substantial meal was the lunch provided at school. The court also ordered that if the child's welfare is found to be at risk, the officer shall immediately inform the child welfare committee (CWC), which shall take appropriate remedial measures. It also observed that it would be open to the committee to report the matter before the court.Previously, the petitioner had filed a complaint before CWC Kozhikode, regarding the living conditions of the boy. Accordingly, the child was admitted to the JDT Junior Hostel, Vellimadukunnu, Kozhikode, following which the petitioner moved HC for the boy's custody.During interaction with the division bench, the boy expressed his desire to live with his father. Meanwhile, a report submitted by the child protection officer indicated that the petitioner consumes alcohol and suggested that it may not be in the child's best interests to place him in his custody. Noting the child's close emotional bond with the petitioner's sister, HC also interacted with her over phone. She informed court that she is currently residing in the Gulf and expressed her willingness to support and care for the child. The petitioner's father also assured HC that the child's welfare would be taken care of.Accordingly, observing that the continued placement of the child in an institution meant for orphaned children cannot be regarded as being in his best interests, HC granted his custody to his father.