Kerala HC: Upholding the normal Indian function of the mom nurturing a toddler in its childhood, a division bench of the Kerala High Court famous {that a} female relative will get the prime of place to take care of youngsters. We haven’t reached the extent of Scandinavian nations the place you have got same-sex marriage and all people is provided to rear youngsters, stated the HC.
No document
The Kerala HC in its ruling additionally thought of the truth that the petitioner didn’t place on document any materials to point that any female relative resided with him who could also be able to caring for the kid.
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Justices Alexander Thomas and Sophy Thomas of Kerala High Court made this commentary whereas responding to a habeas corpus plea moved by a Gujarat-based man for releasing his 4-year-old daughter, who he alleged was being illegally detained by his in-laws.
Child care
“Always there should be a woman at home. Either mother, sister-in-law, mother-in-law, grandmother, somebody should be at home to look after the children,” the bench opined.
“We have not reached the level of Scandinavian countries where you have same-sex marriage and everybody is equipped to rear children. Men, women and everyone looks after children and they divide their time and energy for that. In Indian scenario, when the children are very young, the most important thing is that a woman is at home,” the bench verbally remarked. It additionally went on to voice its considerations concerning the security of the kid.
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Lurking risks
“Irrespective of the gender of the child, it is very difficult for you to look after a child under the age of 10. You will be going to work and children can get exposed to so many dangerous things. Nowadays sexual violence is increasing even against young children, some children below the age of 2 years. It may not be a frequent occurrence but safety of the child is very importance. Especially if you are living in a faraway state in a remote town,” the bench stated.
“Please don’t keep any hope, we can give you a judgment on merit. If you don’t agree with it, please challenge it. We do not know if the children will be proper and safe with you at this stage. You can come here from Gujarat and see your children and you can have weekly video calls with the child. Suppose you are using parents patriae jurisdiction, first and paramount is the welfare of the minor”, the Court stated.
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