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In Aneesh f VS shefeekmon ki

The petitioner- mother was forced to leaved her matrimonial home due to the strained relationship with her husband . the father of petitioner said that in order to get rid of the marriage that she went with a friend of her brother to make it appear as if she had eloped with someone .

 However, the husband  maintained that she  had eloped with other man.

A division bench of justice A Muhamed mustaque and sophy Thomas said that the so called morality created by society is based on their own ethics and norms and need not necessarily  reflect in a contextual relationship  between a parent and child .

“ there may be many circumastances when one may have to leave tha matrimonial home. If a woman is found  with another person , it cannot lead to an assumption that she went for pleasure. The moral  judgement reflected in such order would defeat the objective of inquiry in the matters of child custody .”

 The court order granted cyclical custody of the child  to both parents ( Friday alternate )

Written by laxmi kumari intern under legalvidhiya


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