Kerala HC Rejects Moral Policing in Custody Case

Kerala HC Rejects Moral Policing in Custody Case

  • Case Name: Anonymous v. Anonymous
  • Judge(s): Devan Ramachandran & M. B. Sneha
  • Advocate(s): Jagan Abraham M & George Varghese

The Kerala Family Court denied a mother custody of her child, stating that her "revealing clothes" and activity on social media indicated immoral behavior. The mother accused her ex-husband of cruelty and claimed he had uploaded her photos on the dating app ‘Bumble’ without her consent.

Whether a woman’s character and fitness for custody be judged based on her clothing or social behaviour.

The appellant argued the Family Court’s reasoning was patriarchal and unjust, while the respondent supported its conclusions.

The High Court overturned the Family Court's decision, granting custody to the mother, denouncing gender stereotypes, and affirming women’s autonomy.

The Law Advice / 9 months ago

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