NEW DELHI: The Kerala High Court has called out a family court's decision to deny a mother custody of her children, citing reasons such as her clothing choices, use of a dating app, and reaction to her divorce. The High Court bench, comprising Justices Devan Ramachandran and MB Snehalatha, described the reasoning as "misogynistic" and rooted in "archaic notions of patriarchy."
Referring to the family court's reasoning for granting custody to the father, the High Court noted that the lower court found the mother to be a person of loose morals based on the husband's allegations that she wore revealing clothing and posted her pictures on dating apps. The High Court stressed that this conclusion was reached without evidence and ignored the mother’s claim that her husband had created the dating app account and uploaded her pictures. It further stressed that clothing is a form of self-expression and that judging a woman by her attire is unacceptable.
"Though we cannot find the findings of the Family Court to be true even factually, we deem it necessary to remind that clothing is a form of self expression being part of an individual's identity, or an expression of general aesthetics," the bench said.
The High Court overturned the family court's decision, granting custody to the mother while considering the children’s preference to live with her.
"Such conclusions are unfortunately sexist in tenor, and lazed by archaic notions of patriarchy, especially when no one has a right to judge women by the manner in which she dresses, or by the choices of her manner of life," the court observed.
It further declared that it is "unpardonable and impermissible in any civilized society to judge a woman solely on the basis of her dress, or to thus conclude upon her virtue or her modesty."
"The sartorial preferences that a woman makes, is that of her own choice, which cannot be subjected to moral policing or assessment, particularly by courts," the bench added.
The High Court expressed strong disagreement with the family court's reasoning, asserting that "courts cannot be suspected of even borderline misogyny or sexism."
"The notion that women should be happy only with marriage and should feel sad on being divorced is, in our view, so ineffable that it requires no further expatiation (explanation)," the bench said.
The bench stressed the pervasive impact of unwritten dress codes on women, noting, "The sexualization and policing of women’s attire, even from early school days, create active barriers to self-actualization and a fulfilling life."
The justices stressed the importance of continuous education and introspection to address gender stereotypes in the society. The children will now reside with their mother, with visitation rights granted to their father.