Court takes a cue from child's cry, grants aunt his custody
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CHENNAI: It is not always statutes that a court relies upon to render justice. A two-year-old child's cry was all that was needed for the Madras HC recently to take a cue and decide on the boy's custody .
It was the first working day after Dasara holidays. Court hall no.-6 was reverberating with arguments between the paternal grandmother and maternal aunt of the two-year-old baby boy , whose mother was killed by his father and grandfather. The arguments were on the habeas corpus petition moved by the grandmother seeking custody of the child.
In 2014, T Arun, a differently abled man from Udayarpalayam, Ariyalur, got married to R Kanagavalli of Kallangulam, Jayankondam. Within years, the couple parted ways and their son Bharani lived with his mother.
In August 2016, Kanagavalli went missing and hence Bharani started living with his mother's sister Latha.
Almost after a year, police ma de a breakthrough in the Kanagavalli missing case. They found that her husband had murdered her and buried the body with the help of his father.
While Arun and his father are behind the bars for the murder, Arun's mother filed a habeas corpus plea in the high court seeking custody of her grandson. When the plea came up for hearing before a division bench of Justice Rajiv Shakdher and Justice N Sathishkumar, she contended that her grandson Bharani was forcibly taken away from her. In the presence of the judges, when the police took the child from his maternal aunt and handed over to his grandmother, the child refused to go and instead started crying inconsolably . It stopped sobbing instantly once his aunt took hold of him.
Taking a cue from the child's behaviour, expressing his desire to be with his aunt, the bench directed his custody to Latha till orders are passed by a competent court on the issue. The court also directed the police to provide adequate security to Latha and the child.
It was the first working day after Dasara holidays. Court hall no.-6 was reverberating with arguments between the paternal grandmother and maternal aunt of the two-year-old baby boy , whose mother was killed by his father and grandfather. The arguments were on the habeas corpus petition moved by the grandmother seeking custody of the child.
In 2014, T Arun, a differently abled man from Udayarpalayam, Ariyalur, got married to R Kanagavalli of Kallangulam, Jayankondam. Within years, the couple parted ways and their son Bharani lived with his mother.
In August 2016, Kanagavalli went missing and hence Bharani started living with his mother's sister Latha.
Almost after a year, police ma de a breakthrough in the Kanagavalli missing case. They found that her husband had murdered her and buried the body with the help of his father.
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Remembering King soloman''s verdictWhile Arun and his father are behind the bars for the murder, Arun's mother filed a habeas corpus plea in the high court seeking custody of her grandson. When the plea came up for hearing before a division bench of Justice Rajiv Shakdher and Justice N Sathishkumar, she contended that her grandson Bharani was forcibly taken away from her. In the presence of the judges, when the police took the child from his maternal aunt and handed over to his grandmother, the child refused to go and instead started crying inconsolably . It stopped sobbing instantly once his aunt took hold of him.
Taking a cue from the child's behaviour, expressing his desire to be with his aunt, the bench directed his custody to Latha till orders are passed by a competent court on the issue. The court also directed the police to provide adequate security to Latha and the child.
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