STOCK MARKET BSE NSE

Widow Can Claim Custody of Child

Published: 27th December 2015 03:50 AM  |   Last Updated: 27th December 2015 03:50 AM   |  A+A-

CHENNAI: A widow can claim custody of her child fathered by her deceased husband even after remarriage, the Madras High Court has ruled.

A division bench of Justices S Tamilvanan and CT Selvam gave the ruling while allowing a habeas corpus writ petition from the mother, last week.

“The petitioner is admittedly the mother and natural guardian of the minor child, Kaviyasri, whose father is no more. Solemnizing the second marriage with another person after the death of her first husband is not an illegal or improper act. In the aforesaid circumstances, we are of the view that the claim of the petitioner is legally sustainable, when the claim is made by the mother and natural guardian seeking custody. There is no legal embargo on the petitioner in seeking custody. Further, Kaliyammal the mother-in-law, who is the mother of the deceased husband, is not a similarly placed person in seeking custody of the child,” the bench said and directed Kaliyammal, to hand over the custody of the child, to the petitioner forthwith.”

According to the petitioner, she was married to one Menon Babu on September 3, 2010 and out of wedlock, a female child Kavyasri, was born. Menon Babu, a drunkard, committed suicide, hanging himself on June 26, 2013. After his demise, the petitioner stayed in her father’s house along with the child.

On February 22, this year, she married another man Suseendran. Three days later on February 25, the child was kidnapped by Kaliyammal while returning from school. The petitioner and mother lodged a complaint with Manalmedu police in Nagapattinam District against Kaliyammal and 13 others.

As there was no progress on the plaint, she moved the High Court with the present petition.

Allowing the petition, the bench said that after the death of her husband, the petitioner was free, as per law, to decide her second marriage. Accordingly she married Suseendran. The second husbandexpressed willingness to look after the child.

Stay up to date on all the latest Chennai news with The New Indian Express App. Download now

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp