“Well Educated Lady & Is Getting A Handsome Monthly Salary”: Rajasthan HC Directs Grandparents To Handover Custody Of Minor Child To His Mother
The Rajasthan High Court allowed a habeas corpus petition filed by a mother seeking custody of her minor son, who she alleged was being illegally detained by his grandparents.
The Court observed that the mother (petitioner) was a “well educated lady” who was getting a “handsome monthly salary,” and was therefore capable of taking care of the welfare of the child. The Bench also clarified that under Section 6 of the Hindu Minority and Guardianship Act, 1956 (the Act), the petitioner was the natural guardian of the child.
A Division Bench of Justice Inderjeet Singh and Justice Bhuwan Goyal observed, “The respondent who is grand-father of the minor child and aged about 61 years, is Class 8th passed and living in rural area having no source of regular income, whereas the petitioner who is well educated lady and working as a school lecturer, is getting a handsome monthly salary. Therefore, she can very well take care of welfare of the child and his bright future.”
Advocate Vijay Choudhary appeared for the petitioner, while AAG Rajesh Choudhary represented the respondents.
The petitioner filed a habeas corpus petition under Article 226 of the Constitution alleging illegal detention of her one-and-a-half-year-old minor son, and thereby seeking his custody from the illegal custody of his grandparents.
The petitioner argued that she was his natural guardian and therefore entitled to his custody in view of the provisions of Section 6 of the Act. The petitioner further submitted that she can ‘very well’ look after her son as she earned a ‘handsome’ salary.
While opposing the writ petition, the grandparents (respondents) submitted that the husband of the petitioner had died in abnormal circumstances where he also left a suicide note, according to which, the petitioner was responsible for his ‘suicide’. They had lodged a police complaint alleging the same, and a criminal complaint was still pending in Court.
Therefore, the respondents submitted that they were entitled to the custody of the minor child as he would not be safe in his mother’s custody.
The High Court noted that the grandfather of the minor was aged about 61 years, was a Class 8th dropout and lived in a rural area having no source of regular income, whereas the petitioner was well educated, was working as a school lecturer, and earned handsomely. “Therefore, she can very well take care of welfare of the child and his bright future,” the Court remarked.
“We find that this habeas corpus petition filed on behalf of the petitioner deserves to be allowed,” the Jaipur Bench held.
Consequently, the Court noted, “The corpus is a minor child aged about one and a half years. According to Section 6 of the Hindu Minority and Guardianship Act, 1956, the petitioner is natural guardian of the minor child.”
Accordingly, the High Court allowed the petition.
Cause Title: Kusum Lata v. The State Of Rajasthan & Ors. (Neutral Citation: 2024:RJ-JP:35183-DB)
Appearance:
Petitioner: Advocate Vijay Choudhary
Respondents: AAG Rajesh Choudhary; Asst. GA Gaurav Gupta