In a strong stance on child welfare, the Supreme Court has revoked a father’s interim custody of his two minor children, assigning full and permanent custody to the mother. The court criticized the father’s inability to provide proper nourishment and emotional support, noting that regular restaurant meals are no substitute for home-cooked food in a child’s upbringing.
A bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta underscored the importance of a stable, nurturing environment for children. “A growing child, especially an eight-year-old, needs balanced, home-prepared meals. Even adults can suffer health issues from constant hotel food,” the bench remarked. The court also noted that the father neither cooked nor ensured time and emotional companionship for the children.
The couple, married in 2014 and separated in 2017, have two children. The mother had sought permanent custody in June 2024, which initially led to limited visitation rights for the father. Dissatisfied with this, the father approached the Kerala High Court, which controversially granted him 15 days of custody each month, with conditions to rent a home in Thiruvananthapuram and hire a cook.
However, a crucial moment came during a court-facilitated interaction with the eight-year-old daughter, who revealed she was eating mostly hotel food and felt socially isolated, having no company other than her father. The Supreme Court found this concerning, especially given the instability caused by switching homes every two weeks. The justices emphasized that a three-year-old’s separation from their mother could result in psychological distress.
Ultimately, the apex court overturned the Kerala High Court’s decision, ruling that such arrangements were detrimental to the children’s mental and emotional well-being. It restricted the father’s contact to alternate weekends, prioritizing the children's stability and holistic development.