'Divorced as partners, never as parents': Kerala High Court's moving words on shared parenting

The Kerala High Court said divorced couples must still act as parents and stay involved in their child’s life. The Court allowed a father to take part in his daughter’s therapy and education without distressing her.

Parents cannot divorce child: Kerala HC (Representative pic)

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The Kerala High Court has said that even if a couple is divorced, they remain parents for life. A bench of Justices Devan Ramachandran and M.B. Snehalatha said both parents must support their child as partners, even if they are no longer husband and wife, reports Bar and Bench.

“Parents may be divorced as husband and wife, but they can never be divorced as parents,” the Court said. The court stressed that children have a right to the love and care of both parents, especially those with special needs.

Father files contempt case to be part of daughter's life

The court was hearing a contempt plea filed by a father. He said that his ex-wife was not letting him meet their young daughter, despite earlier court directions, according to the report by Bar and Bench,.

He told the court that he was not asking for punishment against the mother, but only wanted to take part in the child’s schooling and therapy.

The mother’s lawyer said she never stopped the child from meeting the father, but the child did not want to go with him.

Court speaks to the child and gives key directions

The judges spoke to the child and noted that she was very attached to her mother, not just as a parent but also as a caregiver. The court said the child may be disturbed by the idea that the legal case could lead to action against her mother.

The HC also noted the child has special needs and must receive full care and attention from both parents. It stressed that the focus should always be on the child’s rights, not on any dispute between the parents.

Father allowed to be part of child’s therapy and school life

Kerala HC allowed the father to attend the child’s therapy sessions and monitor her education and well-being. It also said he must not cause her any emotional distress.

The mother’s lawyers gave an assurance that she would support this in the future. With this, the court closed the contempt case.

Court’s closing words stress peace and partnership

The court reminded both parents that their daughter’s future depends on their shared care. “Parents must find peace with each other and be involved with the child’s progress together as partners,” it said.

This case shows how the court is putting children at the center of custody matters, especially when special care is needed.