G EVA MARY ELEZABATH Vs. JAYARAJ

JUDGEMENT

(1.) G. EVA Mary Elezabath has filed this Habeas Corpus Petition, seeking for a direction, directing the respondents to produce the minor male child Samuel Rily Macon before this Court and pass suitable orders for custody.

(2.) ACCORDING to the petitioner, she and her family members are members of the Church of Christ situated at Kottur, Chennai. Jayaraj, first respondent herein, was also a member of the Church. The first respondent and his wife Tmt. Mallika used to visit the Church frequently. The first respondent's wife Mallika delivered a male child on 10. 08. 2002. The said Mallika committed suicide on 17. 09. 2002; thereupon, Jayaraj, father of the child, abandoned the one month old male baby in the Church premises and left the place. Thereafter, one Vasanthi took care of the child for about 15 days. However, she handed over the child back to the Church, since she was not able to maintain the child. Then, Pastor of the Church handed over the child to the petitioner on 16. 10. 2002 to take care of the child. Accordingly, she and all her family members took care of the child. The child was admitted in Happy Home Nursery School at Kottur. For two-and-a-half years, the first respondent, father of the child, did not evince any interest. Suddenly on 15. 12. 2004, the first respondent with some men came to the house of the petitioner and took away the child forcefully. Then, the petitioner approached Kelambakkam Police Station, third respondent. At the intervention of police, the first respondent handed over the child back to the petitioner. In the meantime, she came to know that the first respondent married one Maria as second wife. Again on 04. 01. 2005, the first respondent, along with some police officials of the third respondent Kelambakkam Police Station, came and forcefully took away the child. Then, the petitioner rushed to the second respondent police, who are jurisdiction police, and complained the matter but no action has been taken. The child is hardly two-and-a-half years old. Due to the act of the first respondent in snatching away the child from the custody of the petitioner, who brought him up and gave education through Happy Home Nursery School, the child's welfare and education have got highly affected. Hence, this Habeas Corpus Petition.

(3.) ACCORDING to the first respondent, after the death of his wife, on his request, the Church Director handed over the child to one Vasanthi to look after the child at the expenses of the Church. The said Vasanthi was unable to maintain the child and handed over the child back to the Church. Then, the Director of the Church, gave the child to the petitioner's mother for maintenance. At that time, the first respondent was not in Chennai. As soon as he came back, he was informed by the Director of the Church that the child was with the petitioner's mother. Then, the Director of the Church advised the first respondent to get married; have a family life and take care of the minor child Samuel Rily Macon. Accordingly, he got married on 20. 09. 2004. Thereafter, both he and his wife met the petitioner's mother and requested her to hand over the child. The child was handed over to the Director of the Church, who, in turn, handed over the child to him. Then, suddenly on 28. 12. 2004, the petitioner' mother and her persons came and forcefully took the child. Therefore, he went to Kelambakkam Police Station and gave a complaint to the third respondent. Then, at the intervention of Kotturpuram police, the child was handed over back to him and his wife in the presence of the Church Pastor. He is the natural guardian, being father of the child, and, as such, he is entitled to the custody of the child.