The Hindu : Front Page : Man gets back son's custody

Online edition of India's National Newspaper
Tuesday, Jan 03, 2006

Front Page

Front Page

Man gets back son's custody

Staff Reporter

Direction to social officer to detain the boy in welfare home unlawful: Bench

MADURAI: The Madurai Bench of the Madras High Court on Monday criticised the Thanjavur Collector and the social welfare officer for detaining a 13-year-old boy in a private students' welfare home.

Disposing of a habeas corpus petition by the boy's father, a Division Bench comprising Justice R. Balasubramanian and Justice R. Regupathy said the Collector had no authority of law to direct the social welfare officer to detain the boy. The officer told the Bench that the parents of the boy had a strained relationship. Hence, his mother submitted a petition to the Collector seeking protection for her and the child. The Collector directed her to take the boy into her custody. When the boy was going to school from his father's house, his mother took him and handed him over to the officer, who kept him in the private home. Hence, his father moved the court.

The Bench asked the couple to get along with each other in the interest of the child. But when they refused to do so, it granted the custody of the boy to his father as he was mature enough to comprehend the happenings around him and because he was living with his father before detention. A divorce petition was pending before the sub court in Kumbakonam.

Printer friendly page
Send this article to Friends by E-Mail

Front Page