Giving an important verdict by the Supreme Court, a man was denied the interim custody of his eight -year -old daughter, because he could not provide homemade food for a single day while staying with his daughter. The court pronounced this decision keeping in mind the mental, emotional and physical health of the child.
The case was related to the order of the Kerala High Court in which parents were given arrangements to take care of the girl for 15-15 days every month. But the three-member bench of the Supreme Court- Justice Vikram Nath, Justice Sanjay Karol and Justice Sandeep Mehta, after interacting with the girl and assessing her situation, found that the atmosphere provided by the father is not suitable for the girl.
Father lived in Singapore
The court said that even though the father loves his daughter very much, the atmosphere and circumstances of his house are not suitable for the girl. The person who worked in Singapore had taken a rented house in Thiruvananthapuram and used to come there to spend time with his daughter every month.
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According to the Times of India, Justice Mehta wrote a decision, saying, “Restaurant or hotel food can be constantly harmful to health for an adult, then the eight -year -old girl is different. The girl should eat nutritious home for her overall welfare, growth and development, which father is not able to provide unfortunately.”
The court said this important thing
The Supreme Court said that if the father could give food at home, it could have been considered, but during the 15 -day interim custody, the girl would not get any companion other than the father, which is a big reason against her custody claim. The girl also had to stay separate from the three -year -old younger brother during that time, which could affect her mental health.
The Supreme Court also expressed displeasure over the order of the High Court, in which the three -year -old son was given a 15 -day custody to the father every month. The court described it as “completely inappropriate”, as separation from the mother at such a young age could have a serious adverse effect on the emotional and physical welfare of the child. The Cort also admitted that the mother does the work from home and her parents live with them, which gives the girl a better and family support.
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The Supreme Court allowed the father to take the daughter’s interim custody on every month’s alternative Saturday and Sunday and allowed the children to talk to the children through video calls two days a week. The court said, “One of these two days, the father will have the right to meet the girl for four hours and take interim custody, provided the girl is not inconvenienced and it is under the supervision of a child counselor.”