The Kerala High Court recently allowed a petition challenging the conditions imposed by the Family Court, Thrissur, in a child’s custody petition. The family court had granted custody of the child to the mother, but required her to furnish a security of ₹75 Lakh.

The High Court held that courts should not penalise custodial parents by putting them in a position where compliance with custodial conditions is impractical.

The Thrissur court had allowed the mother to take the child to the United Kingdom, where she is currently working. It held that the mother was in a better financial position to take responsibility of the child and provide proper care.

While passing the order, the family court directed the mother to furnish a security for ₹75 lakh to take the child from India. The court reasoned that such a condition was imposed to ensure the return of the child and to “avert any adverse consequences to the welfare of the child”. Finding it difficult to comply with the conditions imposed by the family court, the mother had approached the High Court.

The Division Bench of Justices J. Nisha Banu and Shoba Annamma Eapen observed that the condition of ₹75 lakh would only deny the child a better educational opportunity and that “the right of the child to good education cannot be scuttled by an onerous financial burden”.

Setting aside the family court’s order, the High Court found that the imposition of an exorbitant amount as security is not in the child’s best interests.