Seeing a 10-month male child stop crying after being handed over by police to its maternal aunt, Madras High Court today dismissed a HCP by the grandmother, seeking it's custody and ordered that the toddler be handed over to the younger woman.
The Division bench, comprising Justices Rajiv Shakder and N Sathishkumar gave the direction after they saw the child stop crying on being handed over to the aunt by police.
The grandmother, Vijaya, had filed a Habeas Corpus Petition seeking production of the child after it's mother's death, saying police had failed to act on her complaint that the aunt and her relatives had forcibly taken away the toddler and was threatening her.
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She submitted that her son got married in 2014 and had a child the next year. The couple had separated in 2016 due to differences of opinion and he had killed his wife later. Her husband was also involved in the murder.
Meanwhile the deceased woman's sister filed a missing person's complaint, following which police launched a probe and arrested the duo, who reportedly confessed to the crime.
The grandmother, in her HCP, said the woman and her relatives had threatened her and forcibly taken away the child and that police had not acted on her complaint.
When the HCP came up for hearing, police produced the child in court after taking it from its maternal aunt. The child started crying following which it was taken to the verandha of the court.
The two women then got into a heated argument, following which the bench adjourned the hearing for some time.
Just before the hearing again started, the two got into a verbal duel and police pacified them.
As soon as the hearing began, police handed over the child to the maternal aunt.
The woman told the bench of the murder of her sister and the 'harassment' meted out to her by her in-laws.
As the hearing was going on, the grandmother pulled the child away and it immediately started crying
Seeing this, the bench directed that the child be handed over to the aunt
The Bench directed both parties to ensure that the child continues to be in possession of the maternal aunt till the orders are passed by a competent court.
it also directed police to provide security to the aunt as well as the child.
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