CHENNAI: Stating that the future of children has an impact on society and theirs rights are to be protected by courts, the Madras High Court recently ordered handing over custody of a minor boy to the mother.
The order is passed on a Civil Revision Petition filed in the HC by a woman seeking sole custody of the minor. She had earlier filed a petition under the Guardians and Wards Act, 1890 in a family court for custody after her husband was found to be a child abuser. The woman alleged the family court judge was grilling the boy with unnecessary questions affecting his mental health and sought the HC to fix a timeline to dispose of the plea.
Justice SM Subramaniam ordered, allowing the mother’s plea, “The petitioner is appointed as legal guardian and sole custodian of the boy. The respondent/father is directed to meet the educational expenses, and livelihood and ensure decent accommodation, enabling the boy stay with his mother and continue his education.”
In view of the orders passed in the present Civil Revision Petition, further proceedings in the V Additional Family Court, Chennai, stands struck off, he ordered.
Considering the decision expressed by the boy, the court invoked Article 227 of the Constitution and opined further judicial process in the family court case would be unnecessary, said the judge. The interest and education of the boy must be protected by this court, added the judge, He said the boy is studying in Class 10, which is crucial for career. If he was dragged into the judicial process, it will undoubtedly affect his education.