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Home » Case Briefs » Ker Hc | Welfare Of The Child Is Of Supreme Consideration

While Granting Custody

Ker HC | Welfare of
the child is of
supreme
consideration while
granting custody
CASE BRIEFS HIGH COURTS

Published on June 28, 2019 – By Devika

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Kerala High Court: A Division Bench of K. Harilal and T.V

Anil Kumar, JJ. dismissed an appeal made by the maternal
grandparents of the child after taking into consideration, the
welfare of the child.
This case is related to the custody of the child. In this case,
appellant – maternal grandparents of the child – submitted
before the Court that their daughter Sajna was married to the
respondent and she was later found dead in her matrimonial
house in a suspicious condition. They further claimed that the
2-year girl child of the appellant was always taken care of by
them and the respondent- father never took care of the child
as if he was not interested in the child. A petition was filed by
the grandparents in the Family Court for a decree of perpetual
prohibitory injunction restraining the respondent from taking
forcible custody of the child. The Family Court dismissed the
petition. Aggrieved thereby, this appeal had been filed by the
grandparents.
Learned counsels for the appellant Jacob Sebastian and K.V
Winston submitted that after the suspicious death of the
appellant’s daughter, the child was taken care of by them and
the respondent declined to take care of her. A case was also
lodged against the respondent in the police station under
Sections 498-A, 304-B, 302, 201 and 149 of the Penal Code,
1860. Further, the respondent was a drunkard and spendthrift
who used to ill-treat their deceased daughter and demanded
dowry. His cruel conduct towards his wife resulted in her
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death. Respondent remarried for his pleasure, forgetting that
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8/15/2020 Ker HC | Welfare of the child is of supreme consideration while granting custody | SCC Blog

he had a child to look after. Thus, he was unfit to seek

We'd like
permanent custody of to
theshow
child.you notifications
They also allegedforrespondent
the latest
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the child.
Learned counsels for the respondent, G. Sreekumar averred
that after the death of his wife, respondent alone had
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maintained the child and taken care of her affairs. Appellant or
her family members never took care of the child. He was not
responsible for the death of his wife and as a matter of fact,
her death was due to heart failure. She was an epileptic
patient even before marriage which had been suppressed. It
was claimed that the respondent was a driver by occupation
and able to meet the financial needs of the child.
The Court observed that whenever there is a rival claim for
guardianship, the court’s power to appoint the most suitable
person among the contestants could be exercised only upon
taking into view those considerations which weigh in favour of
the welfare of the child. The Court also observed that the
allegations made by the appellant were false. Also, the
respondent earned well whereas the appellants were old and
had less financial means. Moreover, the allegation made
regarding sexual harassment was false. The Court thus
dismissed the appeal and gave permanent custody of the
child to the respondent-father. However, appellants were
allowed to meet the child on the premises of the Family Court
every Saturday from 10:30 AM to 4:00 PM.[Suhara v.
Muhammad Jaleel, 2019 SCC OnLine Ker 1237, decided on
10-04-2019]
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