The Kerala High Court has said that children involved in custody disputes need the care and support of both parents for their proper mental and physical growth.

A division vacation bench of Justices Devan Ramachandran and P. Krishna Kumar made the observation while hearing petitions related to the custody of minor children.

Justice Devan Ramachandran noted that children develop better when both parents are involved in their lives.

“In fight for custody of children, parents forget that children have the right to be with both of them equally…Courts are neither Feminist or masculinist, nor will we tolerate patriarchism. We will enforce judicial orders with constitutional will” he added

He further observed “If a court is to grant custody to a mother, they would brand it “feminist” and if it should give to the father, then it is accused to be “anti-woman”. Every case has different facts and circumstances which cannot be compared with each other. Courts will have to analyze them on a case to case basis and take decisions, fundamentally keeping the best interests of the child in mind. Rumours are spread by interested persons, occasionally even by lawyers, whose intentions are malafide and without knowing the facts involved.”

The Court also said that parents should put aside their differences and act responsibly, as constant fighting between them can harm the child and affect their behaviour in the future.

“In matters of custody, the choice should not be as to which parent, but to ensure that the children are able to spend maximum time with each of them. But, this most important requirement is often lost in the heat and din of litigation, mostly fueled by ego and anger,” Court added.