A Division Bench of Madras High Court comprising of Justices S Vaidyanathan and C Saravanan passed a judgment that "the parties should bear in mind that 'ego' is just a small three letter word, which can destroy a big twelve letter word called 'relationship', as ego and love will not travel together. Be that as it may, this goes without saying that this Court cannot decide about the custody of the child and it is for the petitioner, being a mother to work out her remedy before the appropriate forum for custody of the child. This Court in exercise of its jurisdiction can at the most see whether the detenu is in illegal custody of anyone or not and in this case, it cannot, at any stretch of imagination, be said that the child is in the illegal custody of the 3 rd respondent for the reason stated above."

The Division Bench has passed this order in a Habeas Corpus petition filed by mother of a minor child aged 4 years from illegal custody of Respondent no.3 (Father of the child). It was contended by the petitioner that there was a matrimonial dispute between the petitioner and her husband and she went to her parental home to give birth to her 2nd child. When she had gone to give birth to her 2nd child, her husband had taken her minor son forcefully from her custody.

The police authorities submitted that the petitioner had given custody of the child to Respondent no.3 and went to deliver her 2nd child to her parental home. After coming to know of the fact that the 3rd Respondent filed a petition in F.C.O.P.No.132 of 2022 for divorce and after receipt of notice, made a complaint as if the 3rd Respondent has kidnapped her child.

Case details:-

H.C.P.No.1884 of 2022
Mrs.Karthika    ... Petitioner
-vs

The Superintendent of Police& ors    ...Respondent