The Kerala High Court has affirmed that a father cannot disregard a court-mandated custody arrangement, emphasizing the need to return a minor boy to his mother following the father’s violation of a family court order. The ruling underscores that the well-being of the child must be the primary concern in such matters, stating that children should not be manipulated in parental conflicts, and any disputes regarding custody should be resolved through the legal system rather than through individual actions.

This decision was made by a bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M, in response to a habeas corpus petition submitted by Hayarunisa Abdul Hakkim. She sought her son’s return after claiming that the father had taken him from school and had not returned him, despite a family court decree that awarded her permanent custody.

The court expressed concern over the treatment of the child as a “pawn” in the ongoing parental conflict, stressing that such behavior is unacceptable. In its ruling on June 1, the court ordered that the child be returned to his mother, who remains his legal guardian until any modifications to the custody order are made by the family court.

During the hearings, the father’s legal representative mentioned ongoing execution proceedings in the family court and referenced an April 24 order that supposedly allowed the child to stay with the father temporarily. However, the High Court observed that over a month had elapsed since that order, and the child had yet to be returned.

Noting that the habeas corpus petition was filed on May 24, the bench indicated that the father appeared to have violated his commitment to the family court by not returning the child as promised. The court reiterated that custody disputes should not be extensions of marital conflicts and must prioritize the child’s best interests.

It was ruled that the mother would maintain her role as the child’s guardian until the family court decides otherwise. The court also confirmed that the child was present during the proceedings, and custody was officially transferred to the mother in the courtroom.

The High Court was informed that mediation sessions related to the parental disputes were currently underway. The bench expressed optimism that both parents would act with responsibility, making informed decisions that prioritize their child’s welfare and future. The petition was subsequently resolved.