The High Court of Madras passed a judgment on 28 April 2023 stating that in a matter of custody of children in a habeas corpus legal drill welfare of the children is paramount consideration .It was stated in the case of N.MARIE CLAUD V. THE COMMISSIONER OF POLICE(HCP.368/2023) which was passed by the single judge bench comprising of HONOURABLE JUSTICE M.SUNDAR
FACTS OF THE CASE:
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to produce the person and body of the petitioner’s minor daughter namely ‘xxx’, aged about 2 years, who is under the illegal custody of Respondent No.3 and hand over her to the petitioner.
JUDGEMENT OF THE CASE
This Habeas Corpus Petition is allowed and custody of Minor child ‘xxx’ (name masked) {which is subject matter of judgment and decree dated 16.03.2022 made in Adoption O.P.No.214 of 2021 on the file of Principal District Judge, Salem}, which is now two years and three months old, shall be with the petitioner and petitioner’s spouse and third respondent shall handover the child forthwith to petitioner and petitioner’s spouse who are present in Court. To be noted, third respondent and minor child are also present in Court; The jurisdictional police and law enforcing authorities shall do the needful to ensure that custody of minor child ‘xxx’ is handed over to petitioner/petitioner’s spouse forthwith by third respondent. From the earlier proceedings made in the listing on 03.04.2023 (extracted and reproduced supra), more particularly paragraph 6 thereat, it will be clear that we had granted an interim protection saying that Probation Officer shall lay his/her hands off for the present as the Probation Officer had been pursuing the matter with the petitioner for a report. This interim protection is now lifted and the Probation Officer will proceed in accordance with law as per the order of competent Court
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
