By Tanishka Shah

The petitioner, the former wife of the respondent, challenged the Family Court’s decision, which granted permanent custody of their 1½-year-old child to the father. The Family Court’s decision was based on the presumption that the mother was suffering from psychiatric disorders, including postpartum depression, making her incapable of caring for the child.

The mother argued that this presumption lacked any factual or medical basis. She emphasized that she was still nursing the child, and removing the child from her care would cause severe emotional trauma. The father, however, claimed that she was suffering from postpartum depression and showed no affinity toward the child.

The Family Court granted permanent custody of the child to the father, relying on medical records from 2023, immediately after the child’s birth, which suggested that the mother had postpartum depression.

The Kerala High Court set aside the Family Court’s order, emphasizing that postpartum depression is a common condition that is typically temporary and not permanent. The Court observed that allegations of continued postpartum depression and an inability to nurse the child require reliable and cogent evidence, which was absent in this case. The High Court noted that the medical records cited by the father were outdated and reflected a condition from the immediate postpartum period, which does not establish the mother’s current mental health status. Further, the Court reviewed the psychiatric evaluation conducted at the Government Medical College and found no evidence to support the presumption of ongoing psychiatric issues.

The Court allowed the mother to retain custody of the child and clarified that its evaluation was only for interim purposes. It permitted the father to approach the Family Court for further orders if there were any changes in circumstances in the future.

Case Title: X v. X
Citation: OP (FC) NO. 671 OF 2024
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