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Child not ‘pawn’: Court orders father to return son taken from school against custody decree

The case stemmed from a custody arrangement formalised through a compromise decree passed by a family court in Kerala in 2025, under which the boy’s permanent custody was granted to the mother.

Kerala High Court child custody minor boyThe father argued that the child had made complaints against the mother during an interaction and the circumstances warranted a change in the custody arrangement. (AI-generated image)
Written by: Vineet Upadhyay
8 min readNew DelhiJun 8, 2026 11:20 AM IST First published on: Jun 4, 2026 at 10:15 AM IST

Custody news: A father cannot take the law into his own hands and disregard a court-ordered custody arrangement, the Kerala High Court has held while directing that a minor boy be returned to his mother after finding that the father had retained the child in violation of a family court decree.

Emphasising that a child’s welfare must remain the foremost consideration, the court observed that child cannot be treated as a “pawn” in parental disputes and that any grievance over custody arrangements must be addressed through legal remedies rather than unilateral action.

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A bench of Chief Justice Soumen Sen and Justice Syam Kumar V M was hearing a habeas corpus petition filed by Hayarunisa Abdul Hakkim, who sought the return of her minor son after alleging that the child’s father had taken him away from school and continued to keep him despite a family court decree granting her permanent custody.

Vineet Upadhyay is an Assistant Editor with The Indian Express (D... Read More

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