May Be Divorced As Husband And Wife, Not As Parents: Kerala High Court Allows Father To Interact With Child Under Former Wife's Custody

The Kerala High Court, while allowing a father to interact with his child who is in the custody of her mother, observed that the parents may be divorced as husband and wife but they can never be divorced as parents.

The Court was considering a Contempt Petition filed by the father who was aggrieved that the mother was not allowing the child to interact with him, in spite of the directions in the judgment earlier delivered.

The Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha observed, "The way out in our minds is that the parents must find peace with each other and be involved with the child’s progress together as partners. They may be divorced as husband and wife, but they can never be divorced as parents. Their responsibilities as parents will continue as long as they live, notwithstanding whether they are husband and wife."

The Petitioner was represented by Advocate Smruthi Sasidharan, while the Respondent was represented by Advocate V. Philip Mathews.

Facts of the Case

Counsel for the Petitioner father submitted that the real intent of the Petitioner behind filing the contempt case was to be part of his child’s life, as any father would wish for. It was thus further submitted that the case can be closed, but that it be clarified that her client can be part of the schooling and therapy sessions of his child – she being a special one – so that his obligations as a parent can be discharged by him to his satisfaction.

On the other hand, Counsel for the Respondent stated that his client has never violated the orders of this Court, but that the child was unwilling to go to the father, primarily because she is a special one and also since she was suffering from certain physical indispositions at the relevant time.

Reasoning By Court

The Court, at the outset, noted that the spar between the parents with respect to the child in question is rather unfortunate.

"The child requires every care that the parents can give her, without any condition and in an unqualified manner. The rights of the child are that we are concerned about, and not that of the parties. The child surely obtains right to have her parents with her when she grows up, particularly when she requires special attention and therapy," it observed.

Pointing out that parties to litigation involving matrimonial issues, more often, forget the impact their actions create on the child and there can be no greater example than this case, the Court granted the Parents equal opportunity to get involved in the child's life

"We are, therefore, of the firm view that, though it will only be justified for us to close this contempt case, both the parents must be given equal opportunities and liberties in the life and progress of the child, particularly when she undergoes therapy and education," the Court observed.

The Petition was accordingly disposed of.

Cause Title: Navin Scariah vs. Priya Abraham (2025:KER:42893)

Appearances:

Petitioner- Advocate Smruthi Sasidharan, Advocate P.V. Brijesh

Respondent- Advocate V. Philip Mathews, Advocate Athulya Sebastian, Advocate Aby Skaria

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