Custody Decisions Must Prioritise Child’s Best Interests, Not Gender Of Parent: Kerala High Court

The Kerala High Court held that decisions in child custody disputes must be guided solely by the best interests of the child and not by the gender of either parent.

The Court observed that children require the love, care, and support of both parents equally for their mental and physical development.

It said courts are neither feminist nor patriarchal and must decide custody issues on a case-by-case basis based on facts and circumstances.

Emphasising shared parenting, the Court noted that custody battles driven by ego and anger harm children and urged parents to ensure children are able to spend maximum time with both parents.