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Showing posts with label GUARDIANS AND WARDS ACT. Show all posts
Showing posts with label GUARDIANS AND WARDS ACT. Show all posts
Thursday, January 12, 2012

child custody =In normal course, natural parents cannot be deprived of visiting rights of their child. But, in the instant case, the approach of the respondents to have the custody of the minor ward is something different from that of a normal parents' approach. The child was born on 25.04.2001. It is the case of the respondents that they left the child with the petitioners in the year 2004. But, the same is denied specifically by the petitioners and it is the case of the petitioners that on the 9th day after the birth, the minor ward was given to them and since then she is with them. Practically, the child has grown with the petitioners and is treating them as natural parents. Instead of seeking custody of their child through the competent court of law, it is clear that respondents made a futile attempt to have the custody forcibly, by making false allegations of kidnap and demand of money by the petitioners and obtained search warrant. Pursuant to such warrant, not only search was made in the house of the petitioners, but also in the School of the minor ward and she was taken by the Police from the School to the learned Magistrate. It appears, after enquiring the wishes of the child and her grandparents, petition was closed. Thereafter, the said order was also confirmed in Criminal Revision Case filed by the respondents referred hereinabove. Even thereafter, when the respondents filed a Writ of Habeas Corpus before this court, the same too ended in dismissal. In view of such steps taken against the petitioners and the minor ward, it appears, a sort of fear is developed in her mind and thereby she is even refusing to spare any time with them. Such attitude of the child was clearly discernible when she was examined by this court. When her wishes were enquired, she started crying inconsolably. Therefore, it cannot be said that she was tutored by the petitioners herein not to go with the respondents. For the aforesaid reasons, I am of the considered view that allowing visiting rights of the minor ward by the respondents, as ordered by the court below, will definitely have an adverse impact on the welfare of the minor ward and therefore I hold that the respondents are not entitled for any visiting rights of the minor ward unless a congenial atmosphere is developed.

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HON'BLE MR. JUSTICE R. SUBHASH REDDY Civil Revision Petition No.1681 of 2011 16.12.2011 Mohd. Haleem @ Sajid and another ...
Wednesday, June 8, 2011

in a petition for appointment of guardian for a minor child, an interlocutory application for injunction against the mother to restrain her from in any manner disturbing the custody of the child at the instance of a stranger is not at all maintainable.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :     28/01/2011 CORAM: THE HONOURABLE MR. JUSTICE D.MURUGESAN and THE HONOURABLE M...