KIRAN CHAVA Vs. USHA KIRAN ANNE

JUDGEMENT

(1.) "The Child is father of the Man" is a famous quote from William Wordsworth's poem "My Heart Leaps Up". The popular understanding of this phrase is that the behaviour and activities of a person's childhood go a long way in building his personality. Children used to be enchanted with the joys of childhood and those thoughts evoke nostalgia when the child becomes a man. For Wordsworth, a rainbow in the sky made his heart leap. Alas, gone are the days when children used to enjoy their childhood and they are now helplessly made to witness the fight between their father and mother, because of their petty egos and it is painful to notice that in most of those fights, it is the children who are used as a pawn. The mental health of such a child takes a beating and how such a child is going to grow into a man and manage relationships, is a million dollar question. We were constrained to start this judgment with such a poignant note since we encounter two or three such cases on a daily basis while dealing with Habeas Corpus Petitions. This is yet another case which falls under this category and we have to deal with it keeping in mind the best interest of the children involved in this case.

(2.) The father of Tanush Chava and Tarun Chava, twin boys, has knocked the doors of this Court seeking for handing over the custody of the children and to take them back to the United States of America(USA) in order to continue their living and education at USA.

(3.) The brief facts of the case are as under: