High Court Grants Interim Custody of Minor Child to Mother

Kochi, Kerala, September 4, 2023 – The Hon’ble High Court of Kerala has granted interim custody of minor twin boys to their mother, in a child custody dispute. The decision comes after a protracted legal battle between the Husband and Wife. This latest judgment has raised crucial questions about the rights of parents in child custody matters and the role of the Child Welfare Committee.

Background of the Case

The case revolves around a matrimonial dispute between Husband and Wife. The couple has twin boys, aged 5 years. The marriage had deteriorated due to alleged incompatibility and conflicts, leading to a petition for divorce by Husband on grounds of cruelty and adultery. Wife had accused Husband and his mother of mistreatment, which further strained their relationship.

Wife's Claim

The petitioner Wife in this case, sought interim custody of her twin sons through an application, I.A.No.1/2023. She argued that the children were currently with the Husband, who was preventing her from meeting them. Wife claimed that Husband’s actions had caused her distress and suffering.

Husband's Counterarguments

The respondent husband, opposed Wife’s application for interim custody. He alleged that Wife was involved in drug use and had an illicit relationship with her paramour, who was named as the second respondent in his divorce petition. He argued that her lifestyle was not conducive to the well-being of their children.

Court Proceedings

The Family Court relied on photographic evidence, presented by Husband, which allegedly showed Wife’s intimacy with her paramour. Based on this evidence, the Family Court concluded that granting interim custody to Wife would not be in the best interests of the children. Consequently, the application, I.A.No.1/2023, was disposed of with a court order allowing Wife to have limited visitation rights.

minor child custody to mother

High Court's Analysis

The High Court, in its judgment, acknowledged the contentious nature of the case and refrained from making any final determinations about the allegations raised by both parties. Instead, it considered the welfare of the children as paramount. The Court emphasized the importance of the children having access to the love and care of both parents.

High Court's Decision

Considering the tender age of the children and their expressed desire to stay with their mother, the High Court granted interim custody to Wife. The Court recognized that the issue of whether the allegations against Wife were true would be decided by the trial court after hearing evidence. In the interim, the children’s well-being was best served by being with their mother.


This case underscores the complexities and emotional toll involved in child custody disputes. While the High Court’s decision provides temporary relief for Wife, the ultimate resolution of the case awaits further proceedings in the trial court. This case also highlights the vital role of the Child Welfare Committee in assessing the welfare of children in such disputes.

For the complete judgment and detailed insights, you can refer to the original case document with Case No. OP (FC) NO. 463 OF 2023, available on the Kerala High Court’s official website. This downloaded judgment can serve as a valuable resource for legal reference in ongoing cases as well.


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