Child custody :Family Court can not direct mother living abroad to produce the child in court at it’s will
Kerala High Court Grants Relief to Single Mother Abroad in Custody Case. High Court overturns Family Court order requiring immediate appearance, acknowledges financial and logistical challenges.
In a significant judgment, the Kerala High Court has set aside an order by the Family Court that required Syama SR, a single mother residing in Sharjah, UAE, to produce her child before the Court by a specific date. The High Court acknowledged the financial and logistical constraints faced by Syama, thereby allowing her to appear with her child in January 2026.
The case originated when Vinod Gopinathan, the respondent, filed for permanent custody of their son. The Family Court had directed Syama to present her child in India by September 2025, failing which she would face daily penalties. Syama, through her counsel, contended that she could not comply due to exorbitant airfare and her financial dependence on her second husband, coupled with her unemployed status.
The High Court, comprising Justices Devan Ramachandran and M.B. Snehalatha, considered Syama's circumstances and found the Family Court's insistence on immediate compliance to be unfair. The bench noted that Syama had remarried and was living abroad, making it challenging for her to meet the Family Court's demands on short notice.
In an online interaction with Syama and her child, the Court observed that the child was eager to reunite with his elder sister, who resides with the father. The Court attempted to facilitate a meeting between the siblings and the parents, but Vinod was unavailable to attend due to his location in Bangalore.
Acknowledging the complexities of the case, the High Court provided two options: either Vinod could bear the travel expenses for Syama and the child, or they would wait until Syama's planned visit to Kerala in late December 2025. Counsel for the respondent, Naveen Radhakrishnan, conveyed his client's willingness to wait until January 2026 for the child’s appearance.
In conclusion, the High Court directed Syama to appear before the Family Court with her child on the reopening day in January 2026. The Family Court is then expected to proceed with the case, providing equal opportunities for both parties to present their cases.
Bottom Line:
Order of Family Court directing a mother living abroad to produce her child before the Court on a specific date - High Court set aside the impugned orders, considering her financial and logistical constraints as a single mother living in a foreign country - Directed her to appear with the child in January 2026, allowing the Family Court to proceed thereafter as per law.
Statutory provision(s): Guardians and Wards Act, 1890 Section 45(1)
Syama SR v. Vinod Gopinathan, (Kerala)(DB) : Law Finder Doc Id # 2791902
