Education Of Child Cannot Be Compromised: Kerala High Court Grants Interim Custody To Maternal Aunt For Schooling In United Kingdom

"In order to ensure the child’s physical, emotional and psychological well being, his educational prospects and the age of the paternal grand parents, we found appropriate to grant interim custody of the minor child to the petitioners," Kerala High Court, in a significant judgment dated April 21, 2026, held that the welfare and educational prospects of a minor child are paramount in custody disputes, especially when the child is being deprived of formal schooling.

A division bench of Justice Shoba Annamma Eapen and Justice S. Manu observed that leaving a six-year-old child in the care of grandparents who cannot communicate with him due to a language barrier is not in the child's best interests.

The case involved the custody of Aaron Gilgit, a six-year-old Portuguese citizen born to Indian parents. Following the death of his mother in 2023, the child was brought from the United Kingdom to Kerala by his father and left with his paternal grandparents. The maternal grandfather and aunt approached the court alleging that the child was not being sent to school and was linguistically isolated as he only spoke English, while his grandparents spoke only Malayalam.

The primary question before the court was whether the continued stay of the minor child with his paternal grandparents in Kerala served his best interests. The court was also called upon to determine if interim custody should be granted to the maternal aunt to facilitate the child's education and well-being in the United Kingdom.

Court Interacts With Child In Chambers

The High Court took a proactive approach by directing the production of the child and interacting with all parties in chambers. During this interaction, the bench made several critical observations regarding the child's current living conditions and his ability to adapt to his environment in Kerala.

The bench noted that the child has a very limited understanding of Malayalam and is unable to speak the language, being fluent only in English. The court observed that while the child expressed a willingness to go with his maternal aunt, the paternal grandparents were unable to communicate with him effectively in English.

Court Observes Educational Deprivation In Kerala

A significant factor in the court's decision was the discovery that the child had been completely deprived of formal education since his arrival in India. The paternal grandparents admitted that the child had not been enrolled in any school after leaving the United Kingdom in July 2025.

"The child had also expressed his willingness to go with the second petitioner, his maternal aunt. However, upon interaction with respondents 2 and 3, who are the paternal grandparents of the child, it was found that they are unable to speak English. It was admitted by respondents 2 and 3 that the child was not sent to school after he arrived in Kerala."

Welfare Of Child Best Served In United Kingdom

The court emphasised that the physical, emotional, and psychological well-being of the child, along with his educational prospects, would be better served by returning him to the United Kingdom. The bench noted that the first respondent (the father) also resides in the UK, making it the most suitable location for the child's development.

The bench further considered the advanced age of the paternal grandparents as a factor in determining the child's care. It concluded that the environment in Kerala, characterized by linguistic isolation and a lack of schooling, was detrimental to the minor's growth.

"Considering that the first respondent/father is also residing in the United Kingdom, we were of the view that leaving the child here in Kerala will not be for the better interest of the child."

Directions For Passport And Settlement Status

The court issued specific directions to ensure the smooth transition of the child's custody and his subsequent travel to the United Kingdom. It noted that the child's passport and OCI card were with the father in the UK and had been delayed in transit at the Delhi International Mail Centre.

The bench directed the father to take all necessary steps to ensure the documents reach the petitioners by April 25, 2026. Furthermore, the father was ordered to furnish the "settlement status" of the child to the maternal aunt to enable the completion of all travel procedures and formalities.

Structured Visitation Rights For Father In UK

While granting interim custody to the maternal aunt, the court ensured that the father’s rights were preserved through a structured visitation schedule. The bench directed that once the child reaches the United Kingdom, the father shall have interim custody every week from Friday afternoon to Monday afternoon.

The court clarified that the maternal aunt would take custody of the child from the school premises on Monday afternoons. The bench also mandated that during school vacations, the interim custody of the child should be shared for equal periods between the aunt and the father, or on mutually agreed terms.

"In the best interests of the child, both families shall maintain cordial relations and refrain from any actions that may cause distress to the minor child."

The High Court disposed of the original petition by granting interim custody to the maternal aunt, emphasizing that the child's right to education and a communicative environment outweighs other considerations. The ruling underscores the "best interests of the child" doctrine, prioritizing the minor's long-term welfare over the immediate physical possession of the child by paternal relatives.

Date of Decision: 21 April 2026