Presence of Grandparents Is Important Rules Kerala High Court In A Custody Battle

The Kerala High Court ruled refusing to send back a minor child to their father in Germany. The court ruled that the presence of grandparents is important in the child's life. 

The child has lived with his grandparents and his mother in Bangalore for the past five years. Sending the child back to their father would have disrupted their lifestyle. 

The judgement was passed by Justices Vijaykumar Patil and Alok Aradhe. They stated that the child has a conducive environment for growth and moving them to Germany would disrupt their daily routine. 

The Presence Of Grandparents Is Important For A Child 

The presiding Justices of the Kerala High Court stated that the child is currently receiving the love and support of both his grandparents. This will not be available when they are moved to Germany to live alone with their father. Not only their growth but also their education could see disruption. 

The couple married in 2013 and shifted to Germany where they had their first child in 2016. The wife left her spouse after the marriage turned bitter. The spouse has filed for complete custody of their child in 2017 in a German court. The wife flew back to India on the same day. 

Upon reaching India the wife filed for a divorce, declared herself as the sole guardian of the child, and filed for their custody. Furthermore, she demanded 4 crore worth of alimony. 

The German court had given custody of the child to the father but also suggested they take the matter to an Indian court. Both spouses agreed on the same. 

In 2017, when the wife had filed for complete custody upon returning, a family court in Bangalore had already granted the mother their custody. 

The Kerala High Court, therefore, refused the repatriation of the child to Germany. The order of the Bangalore court was still in force and the Kerala High Court ruling for repatriation would violate that order. 

The spouse has filed a habeas corpus asking for the child to be produced in court. He argued stating that Indian courts could apply international laws to domestic disputes according to Section 2(2) of the Commission for Protection of Child Rights Act, 2005 under the United Nations Convention on the Rights of the Child (UNCRC). The court, however, refused his petition. 

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