Madras HC Leaves 11-Year-Old With Grandmother Who Raised Her Since Age Two, Allows Mother Visits

The petitioner, the mother of an 11-year-old girl, filed a habeas corpus petition alleging that her daughter had been ill-treated and sexually harassed while in the care of the petitioner’s mother, the fourth respondent, and others.

After the petitioner lodged a police complaint, the child was produced before the Child Welfare Committee and placed in a child-care institution.

A Social Investigation Report stated that the fourth respondent had cared for the child since she was about two years old and that the child was studying in Tirunelveli. The report also referred to a family dispute concerning property, but the Court noted that the allegations were not thereby established.

The fourth respondent undertook to care for the child, restrict visits by the person complained of, and permit the petitioner and her sister to visit.

The Court applied the principle that the welfare and best interests of a minor are the paramount consideration in determining questions concerning the child’s care and custody.

It also considered whether the circumstances established illegal detention warranting relief under habeas corpus jurisdiction. The judgment cites no specific statute or precedent.

The Court considered the Social Investigation Report and its interaction with the petitioner, the fourth respondent and the child. The materials indicated that the fourth respondent had cared for the child from an early age and that the child was continuing her education while in that care.

The Court found insufficient material to conclude that the child was illegally detained. In light of the child’s circumstances and the fourth respondent’s undertakings, it considered continued care with the fourth respondent consistent with the child’s welfare, while preserving visitation for the petitioner and her sister.

It ordered that the child remain in the fourth respondent’s care, subject to her undertaking to ensure the child’s safety, welfare, education and overall well-being, and to permit the petitioner and her sister to visit and spend time with the child.