Post-Partum Depression Is Common, Temporary: Kerala HC Sets Aside Family Court's Order Granting Permanent Custody Of Child To Father

The Kerala High Court set aside the orders of the Family Court granting permanent custody of a one-and-a-half-year-old daughter to the father on the prima facie finding that the mother was suffering from psychiatric disorders from her old medical records indicating post-partum depression. Snehalatha observed that the Family Court should not have granted permanent custody the daughter to the father merely based on the mother's medical records which indicated post-partum depression shortly after giving birth to the child. The Court stated that it could not find in favour of the order of the Family Court granting custody to the child merely based on the mother's old medical records indicating post-partum depression. Court stated, “It is thus obvious that the presumption of the learned Family Court regarding the alleged psychiatric issues of the petitioner cannot be found favour with, at least as of now, without further evidence and assessment.” The Court observed prima facie that they were not agreeable to the father's argument that the child's life would be in danger since the mother was unable to take care of the child by relying upon the medical report.