Kerala High Court: Father’s Custody Order Set Aside, Highlights Need for Credible Evidence on Postpartum Depression

In a petition challenging the Family Court’s decision, which found that the mother was suffering from psychiatric disorders and granted permanent child custody to the father, the Division Bench of Justices Devan Ramachandran and M.B. Snehalatha, JJ. while setting aside the impugned orders, observed that postpartum depression, while common in some women, is typically temporary and does not persist indefinitely.

The Bench emphasized that alleging that the mother was still suffering from postpartum depression and was unwilling to nurse the child must be supported by cogent and reliable evidence.