Telangana HC: In the Interest of Child the Custody Is Given to His Maternal Grandparents Instead of His Father

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Telangana High Court declared, in Mohammed Gulam Manjur vs The State of Telangana on 30 November 2020, that the child should be protected and should be weaned away from the family, where his mother has allegedly committed suicide and, his father has been arrested.

Brief Facts of the Case

The petitioner and the daughter of respondent Nos. 4 and 5 married on 21.02.2010 as per the Islamic customs and rites. After the marriage, they led a happy marital life at Kodad. They have a son, Nawaz, who is presently seven years old. However, on 02.09.2020, Gulam Seema Kousar, the wife of the petitioner, committed suicide. Then, respondent No. 4, the father-in-law of the petitioner, submitted a complaint before the Kodad Town Police Station for offenses under Sections 498-A and 306 IPC. On 02.09.2020 the petitioner was taken into custody. He was in police custody for four days only to be produced before the jurisdictional Magistrate on 07.09.2020. On 17.10.2020, he was released on bail. Therefore, according to the petitioner, Nawaz, his son, was taken away forcibly by respondent Nos. 4 to 6, the in-laws of the petitioner, According to the petitioner, Nawaz is in the illegal custody of the respondents. Hence, he filed the present habeas corpus petition.

The Contention of the Petitioner 

The learned counsel for the petitioner submitted that the petitioner repeatedly requested his in-laws to send the child back to his house, but they continue to refuse to do so. Thus, the child is, indeed, in illegal custody of respondent Nos. 4 to 6. However, the child is supposed to be released from the illegal custody of respondent Nos. 4 to 6 by this Court.

Observation of the Court 

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The Court considered the fact that the petitioner happened to be an accused in a case for offenses under Sections 498-A and 306 IPC. The Court observed that after the death of the petitioner’s wife, and after the arrest of the petitioner, it was in the interest of the child that he is taken away by his maternal grandparents. After all, the child should be protected and should be weaned away from the family, where his mother had allegedly committed suicide. Moreover, since the petitioner is accused of criminal offenses, the child should not be reunited with his father, the petitioner. 

The Decision of the Court 

Therefore, the Court decided that it cannot be held that the child is being illegally detained by his maternal grandparents. The Court also held that the petitioner has sufficient legal remedies available for seeking the custody of the child from respondent Nos. 4 to 6.

For the original Order of the Court – “Click here


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