V SADAGOBAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) SEEKING a writ of habeas corpus for the custody of a minor child aged 8, the petitioner grandfather has brought forth this petition.

(2.) THE affidavit in support of the petition is perused. THE Court heard the learned Counsel for the petitioner, the learned Counsel for the fourth respondent, the father of the minor child, and also the learned Additional Public Prosecutor for the State.

(3.) ADVANCING arguments on behalf of the petitioner, the learned Senior Counsel Mr. Jayaraman would submit that the child is now 8 years old; that the custody of the child has actually been ordered in favour of the petitioner's daughter by the American Court; that the fourth respondent in obedience of the order, should have handed over custody; but, he has taken the child to India; that when she came over to India, he should have handed over the custody; that even then, he did not do so; that the interest of the child is paramount; that since the natural guardian is the mother, the child has got to be brought up by her; that for that purpose, custody has got to be handed over to the petitioner, who, in turn, would send the child to USA where she is living, and under the circumstances, orders have got to be passed.