‘Fluent in English’: Kerala High Court finds 6-year-old ‘confined’, out of school, sends him back to UK

Justices Shoba Annamma Eapen and S Manu of the Kerala High Court directed the father to ensure that the passport and Overseas Citizen of India (OCI) card reach the destination by April 25. (Image enhanced using AI)

Final order: Custody to maternal aunt

In its final order dated April 21, the Kerala High Court granted interim custody of the child to the maternal aunt and permitted her to take the child to the United Kingdom after completing necessary travel formalities.

The court directed the father to ensure that the passport and Overseas Citizen of India (OCI) card reach the destination by April 25, and that the documents be handed over promptly to enable the child’s travel.

Structured custody, visitation framework

Balancing the rights of both sides, the Kerala High Court allowed the father to have interim custody of the child every week from Friday 4pm to Monday 4pm, a proposal accepted by the maternal aunt.

The Kerala High Court also laid down detailed safeguards.

• The child will remain primarily in the custody of the maternal aunt in the UK.
• Custody during school vacations will be shared equally or on mutually agreed terms.
• Any travel outside the United Kingdom will require mutual consent of both parties.
• The maternal aunt must ensure the child’s proper care and welfare.
• Both families must maintain cordial relations and avoid causing distress to the child.

Background: Custody battle after mother’s death

The dispute traces back to the death of the child’s mother on August 21, 2023, in a domestic accident in the United Kingdom.

The child, born on May 21, 2019, had been living and studying in Leicester until July 2025.

Following the mother’s death, the father brought the child to Kerala and left him in the care of the paternal grandparents.

The maternal relatives alleged that since then, the child had not been attending school, was largely confined indoors, and faced communication difficulties as he speaks only English while his grandparents do not.

Aggrieved by the family court’s refusal to grant interim custody, the maternal grandfather and aunt approached the high court.

Court’s interaction with child

During hearings on April 6 and 7, the Kerala High Court directed that the child be produced before it and interacted with all parties in chambers.

The bench noted that the child had a limited understanding of Malayalam, was fluent in English, and expressed a willingness to go with his maternal aunt.

The Kerala High Court also recorded that the paternal grandparents were unable to communicate effectively with the child and admitted that he had not been sent to school after July 2025.

The court further took note of the fact that the father himself resides in the United Kingdom, while the maternal aunt had been in Kerala for several months pursuing custody.

Interim directions, non-compliance

On April 7, the Kerala High Court initially directed the father to send the child’s passport and OCI card to India by April 15, so that the child could travel to the United Kingdom.

It also allowed the father visitation rights and stressed that both families must act in the best interests of the child.

However, the directions were not complied with in time.

The high court was informed that the documents, though dispatched on April 11, were held up at the Delhi International Mail Centre.

On April 16, the Kerala High Court granted additional time till April 21 and directed the father to appear online and update the court on the child’s status.

Child’s welfare paramount

The ruling reiterates that in custody matters, the “best interests of the child” remain the overriding consideration.

By focusing on the child’s education, emotional stability, and ability to communicate, the court prioritised practical welfare concerns over competing familial claims.

The judgment also highlights the challenges of transnational custody disputes, especially where differences in language, location, and caregiving capacity directly impact a child’s development.

Madhya Pradesh High Court invokes Ramayana to deny repatriation of child to Canada

Madhya Pradesh High Court news: Blending modern legal principles with “civilizational norms” from the Ramayana and Mahabharat, the Madhya Pradesh High Court recently refused to direct the repatriation of a minor child to Canada, despite a foreign custody order.

Justices Vijay Kumar Shukla and Binod Kumar Dwivedi, while dismissing a man’s plea to repatriate the 9-year-old child to Canada, pointed out that the mother is portrayed as the “first home, first teacher, and first protector”, making the child’s right to stay with her a “civilizational norm”, not merely a “modern legal construct”.

The Madhya Pradesh High Court further held that Indian courts are not bound to “mechanically enforce” foreign custody orders if such enforcement would be contrary to the child’s welfare. “In the Ramayan and Mahabharat period, if we see the role of a mother and her rights for a child in Ramayana: Mother is the first refuge of the child,” it said.

Further highlighting that motherhood is not extinguished by separation, the Madhya Pradesh High Court referred to the Mahabharat. “Karna is born to Kunti and raised by another woman (Radha), but Kunti remains the moral mother throughout his life..,” the April 20 order read.