“Younger kid should live with the mother and the elder with the father and both the adults could exercise visitation rights over the two children”

The Madras High Court Bench here on Wednesday solved a child custody dispute between a divorced Muslim couple by ordering that the younger kid should live with the mother and the elder with the father and that both the adults could exercise visitation rights over the two children.

Disposing of a habeas corpus petition (HCP) filed by the mother of the children, a Division Bench of Justice S. Tamilvanan and Justice V.S. Ravi also recorded her statement to withdraw a police complaint lodged by her against the children’s father and his family members living in Tenkasi in Tirunelveli district.

Though a HCP would not be maintainable in view of the children being in the custody of their natural guardian, the judges took up the matter in order to secure the future of the minor children aged 10 and four years, and appointed an advocate, R. Gowrishanker, to mediate between the couple.

They pointed out that the petitioner had married another individual after performing 40 days of Iddat (waiting period) since the pronouncement of Talaq (divorce) by the children’s father. She was now in the family way through her second husband.

Similarly, the father of the minor kids too had married another woman.

After recording the compromise reached between the couple to divide the custody of the two children among themselves, the judges ordered that their younger son should live with the mother and the elder with the father though the parents had the right to meet both the children.

“Each party assured that he/she would bring up the respective child in a good manner and give adequate education and all necessities. Each party should maintain dignity in the event of meeting the other child since he/she is a spouse of another,” said the Division Bench of Justice.

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