5 min readNew DelhiMar 31, 2026 01:25 PM ISTIt was contended before the Kerala High Court that the petitioner, being the biological father and natural guardian of the child, is entitled to boy’s custody. (Image generated using AI)Kerala High Court custody ruling: Underscoring that placing the child in an institution for orphaned children cannot be regarded as being in his best interests, the Kerala High Court has granted custody of an 11-year-old boy to his biological father.A division bench of Justices Raja Vijayaraghavan V and K V Jayakumar was dealing with a habeas corpus plea from a father seeking the return of his son from a hostel primarily meant for orphaned children.“The continued placement of the child in an institution meant for orphaned children cannot, in our view, be regarded as being in his best interests,” the court said on March 30. The bench noted that the child said he suffered from asthma and his welfare was not being properly attended to while in the care of his grandmother.Also Read | Parents 1, Government 0: Kerala High Court saves school playground for students to grow minds, musclesAcknowledging the child’s concern about his health and desire to live with his father, the order added that the boy himself stated that he was not provided with adequate food in the mornings when he resided with his grandmother and that his only substantial meal was the lunch provided at school.Custody caseThe petitioner submitted that he is the biological father of a minor boy, aged about 11 years.He filed a habeas corpus petition for the custody of his son.The minor had been residing with his mother and grandmother in Kozhikode since 2011, following the parents’ separation.The petitioner alleged that the mother had since remarried and abandoned the child, leaving him in the care of his grandmother, a housemaid in her late sixties, suffering from various ailments, and who is not in a position to adequately care for the child.The petitioner also asserted that the child is suffering from asthma and is not being provided proper medical care. Justices Raja Vijayaraghavan V and K V Jayakumar were dealing with a father’s habeas corpus plea seeking the return of his son from a hostel primarily meant for orphaned children.Denied adequate foodThe petitioner moved the Kerala High Court after the child informed him via a phone call that he was being denied adequate food and was not receiving proper medical treatment for chronic asthma.The child had been temporarily placed in the hostel, an institution primarily for orphaned children, following the father’s initial complaints to the District Child Protection Unit (DCPU).According to the petitioner, the welfare of the minor child is not being safeguarded by his mother and grandmother, and his continued stay in the JDT Junior Hostel, alongside orphaned children, is neither appropriate nor in his best interests.It is contended that the petitioner, being the biological father and natural guardian, is entitled to the custody of the child.The father stated that, despite this, the child is presently being kept away from him, against the child’s own wishes and without lawful justification.Also Read | Your landlord can’t just walk in: Kerala High Court protects tenants from owners who ‘trespass’ into rented homeClear desire to be with father: OrderThe court, after careful perusal of the report submitted by the District Child Protection Unit, Kozhikode, noted that the relationship between the child’s parents is strained.It was also recorded that the child had been rescued by the juvenile wing and was accommodated at JDT Hostel.Significantly, the child had informed the Child Protection Officer that he shares a good relationship with his father and expressed a clear desire to reside with him.The Kerala High Court interacted with the child as well as his father.Though notice was duly served on the mother and grandmother, they chose not to appear, either in person or through counsel.The report of the Child Protection Officer indicates that the petitioner consumes alcohol and suggests that it may not be in the best interest of the child to be placed in his custody.Also Read | No one was ‘fit’ enough: Kerala High Court upholds institution’s right to fix minimum standards for managerial post‘If child’s welfare is at risk…’Noticing the child’s close emotional bond with the petitioner’s sister, the court also interacted with her over the phone.She informed us that she is presently residing in the Gulf and expressed her willingness to support and care for the child.She further stated that her son is a mechanical engineering graduate and that after the child completes Class 7, arrangements would be made to take him abroad for further studies.She assured the court that the child would be well cared for.In order to safeguard the welfare of the child, the Kerala High Court directed that the District Child Protection Officer, Kozhikode, conduct inspections once every three weeks to monitor the boy’s well-being.If the child’s welfare is found to be at risk, the said officer shall immediately inform the Child Welfare Committee, which shall take appropriate remedial measures.Jagriti Rai works with The Indian Express, where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More © IE Online Media Services Pvt Ltd