The Madras High Court Bench here has rejected a woman’s plea seeking custody of her five-year-old son after the boy, produced in court, told two judges that he is comfortable living with his paternal grandfather and not the mother.
A Division Bench of Justices S. Nagamuthu and V.S. Ravi dismissed a Habeas Corpus petition (HCP) filed by Karunya Selvi (name changed) of Tuticorin district after finding that the boy enjoyed an intimate bond with his grandfather and had no love for his mother.
“In this HCP, we are concerned only with the safety and security of the child. Our paramount consideration is the welfare of the child. Since the child is not willing to go to the petitioner, this court cannot force the child to go with the petitioner,” the judges said. They also pointed out that the child’s grandfather and father had produced the child before the court immediately after receipt of a notice.
Recording the contents of a report submitted by the Mediation and Conciliation Centre, to which the court had referred the matter, the judges said, the petitioner has to approach the civil court for remedy.
