Kerala High Court Condemns Gender Bias in Custody Ruling: Judging Women Based on Clothes and Divorce Celebrations Is ‘Misogynistic Prejudice’

KOCHI: The Kerala High Court has criticized the practice of judging women based on their clothing or emotional responses to divorce, describing such actions as “misogynistic prejudice” that perpetuate harmful gender stereotypes. The court’s strong stance came while overturning a Family Court ruling that denied a mother custody of her children, citing her attire, her celebration of divorce, and her presence on a dating app as reasons for the decision.

The Family Court had initially ruled against granting the mother custody, arguing that her choice of wearing “revealing” clothes, celebrating her divorce, and having a dating app account were inappropriate behaviors for a mother. The court suggested that these factors impacted her ability to properly care for her children, reinforcing outdated gender norms that place unfair expectations on women.

However, the Kerala High Court, consisting of Justices Devan Ramachandran and M B Snehalatha, strongly disagreed with the Family Court’s reasoning. The High Court rejected the idea that women’s behaviors and personal choices should be scrutinized in such a way, emphasizing that clothing, personal expression, and emotional responses to life events like divorce should not define a woman’s suitability as a mother. The court highlighted that expecting women to be sad or regretful after a divorce reflects deeply ingrained societal biases that unfairly judge women’s emotions.

The bench further asserted that “courts cannot be suspected to be guilty of even borderline misogyny or sexism,” emphasizing that judicial decisions must be rooted in justice and equality, free from gender biases. The ruling underscores the importance of treating individuals fairly, regardless of gender, and ensuring that custody decisions are made based on the well-being of the children, not outdated stereotypes.

This ruling marks a progressive step towards a more equitable society, where women’s personal choices are respected and not used against them. The Kerala High Court’s decision serves as a powerful reminder to eliminate gender bias in both the judicial system and society at large.