The Madras High Court said recently comprising of a bench of Justice S Vaidyanathan and Justice C Saravanan observed that parents going through marital discord must let go of their egos for the welfare of their children. (Mrs Karthika v. Superintendent of Police)
The bench remarked, “Parental egos during marital discord subject children to grave mental agony. Ego is just a small three-letter word, which can destroy a big twelve-letter word called relationship. Ego and love don’t travel together.”
Facts of the case
The present petition was filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 1 and 2nd Respondent police to produce the Petitioner's minor child viz., Thejesh, aged about 4 years from the illegal custody of the 3rd Respondent and produce him before this Court and handover to the Petitioner.
The counsel appearing for the Petitioner submitted that there was a matrimonial dispute between the petitioner and the 3rd respondent and the petitioner went to her parental home for giving birth to her 2nd child. While she was in her parental home along with her two children, 3 rd Respondent had taken her minor son viz., Thejesh aged about 4 years forcibly from her custody. It was further submitted that when she requested to handover the child, the 3rd Respondent failed to handover the child and also filed for divorce.
The learned Additional Public Prosecutor appearing for the Respondents 1 and 2 submitted that it was the Petitioner, who had left her minor son viz., Thejesh with the custody of the 3rd Respondent and gone to her parental home to deliver the 2nd child as early as in the year 2020. The petitioner, after coming to know of the fact that the 3rd Respondent filed a petition for divorce and after receipt of notice, made a complaint as if the 3 rd Respondent has kidnapped her child.
Courts observation and Judgment
The bench at the very outset remarked, “One of us (SVNJ), in the case of Dr.P.Sasikumar vs. The Director, Animal Husbandry and Veterinary Services, Chennai and another [W.P.No.1613 of 2021] decided on 31.03.2021 had observed that “Husband and wife must realize that, 'ego' and 'intolerance' are like footwear and should be left out of their house, when they enter the home, else, the child/children will have to face a miserable life”
The bench taking note of the facts of the case remarked, “Insofar as the present case is concerned, the parties should bear in mind that 'ego' is just a small three letter word, which can destroy a big twelve letter word called 'relationship', as ego and love will not travel together. Be that as it may, this goes without saying that this Court cannot decide about the custody of the child and it is for the petitioner, being a mother to work out her remedy before the appropriate forum for custody of the child.
This Court in exercise of its jurisdiction can at the most see whether the detenu is in illegal custody of anyone or not and in this case, it cannot, at any stretch of imagination, be said that the child is in the illegal custody of the 3 rd respondent for the reason stated above.”
The bench disposing of the petition remarked, “In such view of the matter, this Petition is dismissed with liberty to the Petitioner to work out her remedy before the appropriate forum. However, it is made clear that the observation made herein-above is only for the purpose of disposal of this petition and it will have no bearing on the plea that may be raised by the parties before it.”
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