Contrary to the practice of handing over minor children to their parents, the Madras High Court Bench here has denied custody of a 17-year-old boy to his father as it finds him mentally mature to take a decision of not wanting to reside with his father.
A Division Bench of Justices K.K. Sasidharan and B. Gokuldas passed the order while disposing of a Habeas Corpus petition filed by S. Sreenivasan (name changed) of Bodinayakanur in Theni district. The petitioner had accused two individuals of keeping his son in illegal custody and sought a direction to the police to rescue him.
Following interim orders passed by the court on the HCP, the Inspector of Bodi taluk police station produced the minor before the court. When the judges examined him, the boy told them that he had left his parental home following a dispute with his father and that he was not interested in going back. He said he was staying with his sister at Karattupatti and denied the allegation of being in illegal custody. After recording his submissions, the judges disposed of the petition with a specific observation that he could continue to reside along with his sister.
“The detenu, though a minor, is mentally mature enough to take his own decision with regard to his future. From our inquiry, it is revealed that he is not in illegal custody. The said fact is confirmed by the Inspector of Police, Bodi taluk police station, Theni,” the judges observed.
A Division Bench of Justices K.K. Sasidharan and B. Gokuldas passed the order while disposing of a Habeas Corpus petition filed by S. Sreenivasan (name changed) of Bodinayakanur in Theni district. The petitioner had accused two individuals of keeping his son in illegal custody and sought a direction to the police to rescue him.
Following interim orders passed by the court on the HCP, the Inspector of Bodi taluk police station produced the minor before the court. When the judges examined him, the boy told them that he had left his parental home following a dispute with his father and that he was not interested in going back. He said he was staying with his sister at Karattupatti and denied the allegation of being in illegal custody. After recording his submissions, the judges disposed of the petition with a specific observation that he could continue to reside along with his sister.
“The detenu, though a minor, is mentally mature enough to take his own decision with regard to his future. From our inquiry, it is revealed that he is not in illegal custody. The said fact is confirmed by the Inspector of Police, Bodi taluk police station, Theni,” the judges observed.
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