The Kerala High Court has affirmed a ruling from the Family Court, emphasizing that parties involved in child custody cases have the right to petition the court for modifications should circumstances change. The Family Court clarified that the initial order should not be considered as conclusive, asserting that the legal principle of res judicata does not apply in matters concerning child custody.
While dismissing the petition challenging the Family Court order, a division bench of Justice Raja Vijayaraghavan V and Justice PM Manoj reiterated that “the Courts have the authority to modify custody orders if there are changes in circumstances that affect the well-being of the child. Even when orders are based on agreement/understanding between parents, they can be revisited if the situation changes and it’s deemed necessary for the welfare of the child”.
The petition was submitted to contest the family court’s decision, wherein the respondent aimed to amend the child custody arrangement. The petitioner contested the legitimacy of the application before the family court, alleging that the respondent’s motive was merely to prolong the proceedings. In response, the respondent refuted the accusations and emphasized the child’s mental health concerns in the case.
The family court reviewed the application and affirmed its maintainability regarding the modification of the custody arrangement.
The petitioner contended in court that by permitting the modification application, the Family Court effectively condoned the respondent’s actions, asserting that the court should instead enforce compliance with a compromise decree.
The respondent’s counsel argued that in child custody matters, the doctrine of res judicata wouldn’t apply. They emphasized that when determining custody, the primary consideration should be the welfare and best interests of the child, not solely the parents’ rights under the law.
The Kerala High Court dismissed the petitioner’s arguments, upholding the Family Court’s decision to reject the preliminary objection regarding the application’s maintainability for modification filed by the mother.