The Supreme Court recently denied a father interim custody of his 8-year-old daughter for reportedly being unable to provide her even a single home-cooked meal during her stay with him.
In its order, the court emphasised that nutritious, home-cooked food is essential for a child’s growth and well-being.
A bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta, after interacting with the child, pointed out several reasons - the girl not getting home-cooked food, being separated from her three-year-old brother, and no one except her father for company, a TOI report said.
The top court quashed the Kerala high court's order on the ground that even though he is a doting father, the surroundings and circumstances at his place are not conducive for her.
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"Continued consumption of food procured from restaurants/hotels would pose a health hazard, even to a grown-up person, what to talk of a tender-aged child of eight years. The child requires nutritious home-cooked food for her overall well-being, growth and development. Unfortunately, the father is not in a position to provide such nutrition to the child," Justice Mehta was quoted as saying by TOI.
{{/usCountry}}"Continued consumption of food procured from restaurants/hotels would pose a health hazard, even to a grown-up person, what to talk of a tender-aged child of eight years. The child requires nutritious home-cooked food for her overall well-being, growth and development. Unfortunately, the father is not in a position to provide such nutrition to the child," Justice Mehta was quoted as saying by TOI.
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The court reversed the High Court’s order granting the father 15 days of custody every month for his three-year-old son, calling it "grossly unjustified" and potentially harmful to the child's emotional and physical health due to prolonged separation from his mother.
Child would lack company, says SC
The Supreme Court said it would have considered asking the father to provide home-cooked food, but "the fact that the child gets no company whatsoever except for that of the father during the interim custody period of 15 days is an additional factor which weighs heavily against his claim for the child's custody at this stage."
What the SC said about the mother's custody?
The apex court also noted that the mother of the child, who works from home and lives with her parents, was found to provide a more stable, nurturing environment with both emotional support and daily routines.
The court gives the father weekend access to the daughter
The Supreme Court revised the custody arrangement, granting the father access to his daughter on alternate Saturdays and Sundays and allowing video calls twice a week, the publication reported.