High-range ATM cards are not substitute for mother: Karnataka HC

Court asks couple to hand over girl’s custody to Canadian citizen mother

Published: 21st April 2018 05:27 AM  |   Last Updated: 21st April 2018 05:27 AM   |  A+A-

Karnataka High Court (File Photo)

Express News Service

BENGALURU: High-range ATM cards are not the substitute for a natural mother, said the Karnataka High Court while delivering a judgment in which they directed a couple to hand over custody of a 7-year-old girl to her mother, ending a long-drawn battle by the mother to get custody of her daughter.

A division bench of Justice R B Budihal and Justice K S Mudagal made this observation while allowing a habeas corpus petition filed by Manju Malini Seshachalam, a 37- year-old Indian-born Canadian citizen who is fighting for custody of her daughter, and is currently residing with her sister and brother-in-law.
The court directed the couple, Vijay Thirugnanam and his wife S Shalini to hand over 7-year-old Tanishka to Malini.

"The Bellandur Police Inspector, Principal Secretary of Home Department, Commissioner of Police shall facilitate the restoration of custody of Tanisha to Malini forthwith along with her medical records, documents and belongings," the court said in a recent judgement. The court made the above observation when the counsel for the couple contended that the affluent condition of the couple should be given credence for continued custody of the child with them as against the claim of the mother.

The court also said that the records produced by Malini show that at least since May 2017, she is incessantly requesting Bellandur Police Inspector, Principal Secretary of Home Department, Commissioner of Police and Ministry of External Affairs to help her restore the custody of her child. But they have showed her a cold response. "Much is desired to be said about the quality of their service to a lone helpless woman. We expect them to act promptly in accordance with law, at least in implementing the order we are going to pass," the court said.

Case background
Tanishka, born on June 4, 2010 to Manju Malini Seshachalam and Kamalkumar Venugopal Chenguttai, is a Canadian citizen. Her mother flew with Tanishka to India in 2011 and left her in the care of her mother Latha Seshachalam, as she was dealing with a marital dispute back home. Meanwhile, Vijay and Shalini requested her mother Latha to stay with them and therefore, she, along with Tanishka, shifted to their house.

In July 2012, after having her marriage dissolved, Malini came down to pick up her child, but the couple declined to part with the child. They requested her to be given some time as they are attached to the child. Shalini even threatened to commit suicide. Despite repeated requests, even after she came to Bengaluru in 2015, the couple declined an opportunity for Malini to speak to her child.

Construction of road on lakebed stopped: BBMP

The Bruhat Bengaluru Mahanagara Palike (BBMP) on Friday informed the Karnataka High Court that the alleged construction of a road on Pattanduru Agrahara tank bed has been stopped and sought clarification from the revenue department on the nature of land. Meanwhile, the counsel informed the court that it has taken steps to protect the lake by fencing.  The counsels of BBMP and BDA made this submission in response to a public interest litigation against alleged encroachment of the tank bed for construction of road.

CAT has written a thesis, not judgment: Rohini

IAS officer Rohini Sindhuri Dasari once again moved the Karnataka High Court against the order of Central Administrative Tribunal (CAT) which upheld her transfer from the post of Deputy Commissioner of Hassan to the post of Commissioner of Department of Employment and Training in Bengaluru.  Contending that the Tribunal has virtually written thesis without going into the validity of the transfer order and badly commented on the judgement of the apex court, Sinduri prayed the high court to quash the Tribunal’s judgement dated April 17. The petition is likely to come up for hearing on Monday.

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