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High Court allows minor girl to go with her father PDF Print E-mail
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Written by TNN   

MADURAI: Deviating from the usual practice allowing the custody of a minor girl to her mother, the natural guardian, the Madurai bench of the Madras high court on Thursday allowed a 16-year-old girl to go with her biological father.

Disposing a habeas corpus petition filed by M Isakiammal, seeking custody of her 16-year-old minor daughter, the bench comprising Justice N Paul Vasanthkumar and Justice P Devadass said, "Various decisions of the Supreme Court and of the high court and having regard to the statutory provision of the Guardian and Wards Act 1870, we are of the view that the minor girl, is entitled to go with her father."

In her petition, Isakiammal of Kazhugumalai in Tuticorin district said, on July 11, 2011, her minor daughter went to the tea shop of one Mohankumar, brother of the petitioner's husband. Alleging that she was kidnapped by him, Isakiammal filed a complaint in the Kazhugumalai police station. Even after registering the case, the police had not taken any action to secure the minor. Hence, she preferred the present petition.

When the matter came up before the bench, the minor girl was produced by the police. The judges questioned the minor and submitted that she is willing to go along her father, Mariappan, as her mother is living with another person. Her father also agreed to take his daughter along with him.

The bench said, "While determining the guardianship or custody of the minor, the welfare of the minor, though be a paramount consideration, the wishes of the minor should be ascertained."

The bench further said that the minor girl cannot be sent along with Mohankumar, as admittedly the detenue is a minor as on date. In view of the willingness expressed by her in the court and the undertaking given by her father, the court directed custody of the minor with Mariappan, who is her biological father, as an interim measure.

If the mother has got any right as to the custody of her daughter, it is open to her to approach the appropriate forum.



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