[Custody] Parents' Demands Can't Be Given Importance If Child Is Grown Up & Able To Take Rational Decision In Personal Matters: Kerala High Court

The Kerala High Court on Wednesday observed that when a child is grown up and is capable of making rational decisions on his/her own, the court must not give too much importance to the demands of the parents' battling the custody of the child. The petitioner father had challenged the limited visitation rights that had been granted to him by the family court as he was only allowed to visit the child from 10.00 a.m. to 12.00 noon every second Saturday. The court reiterated the decision of the Supreme Court in Yashita Sahu v. State of Rajasthan, where it was observed that the child is often the victim of custody battles: “In this fight of egos and increasing acrimonious battles and litigations between two spouses, more often than not, the parents who otherwise love their child, present a picture as if the other spouse is a villain and he or she alone is entitled to custody of the child. In light of the above, the court while denying custody of the child to the father, modified the condition set by the family court and allowed the petitioner father to have interactions with the child from 10.00 a.m. till 12.00 noon on every second and fourth Saturdays.