Madras High CourtWP(MD)/12111/2022dismissed

Meenakshi v. The Child Welfare Committee

2022-08-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Meenakshi ... Petitioner Vs 1.The Child Welfare Committee, Through its President / Chairman, Near Kalaiyarangam, Trichy.

2.The Inspector of Police, All Women Police Station, Musiri, Trichy District.

3.Senthil Kumar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent to pass an order to give custody of the petitioner's minor grand-daughter H, daughter of the third respondent aged about 17 years, to her on the basis of the representation, dated 27.05.2022.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.M.Prakash Additional Government Pleader for R1 & R2 Mr.Balasubramanian for R3 1/4

ORDER

Heard the learned counsel on either side.

2.The petitioner is the grandmother of H. H's mother Parameshwari passed away due to cancer recently. H's father / Senthil Kumar who is shown as the third respondent in the writ petition got married second time. This appears to have caused stress to the child. The child therefore contacted her uncle who complained to the Child Welfare Committee. 3.When the matter was taken up by the Child Welfare Committee, the child was briefly admitted in a short stay home. Now the child is with her father. The first respondent / grandmother has filed this writ petition for directing the Child Welfare Committee to hand over the custody of the child to her. Notice was ordered. Today, child is also present before this Court. Her identity is not disputed.

4.The child informed me that she did have certain issues and the she has now come to terms and that she wants to be only with her father. The child herself has made her position clear. The child is aged about 17 years. She is studying BBA in a good college in Trichy. The question of directing handover of the custody of the child to her grandmother does not arise at all. 2/4

5.This writ petition is dismissed. No costs. 22.08.2022 Index : Yes / No Internet : Yes/ No mga Note: Registry is directed to suppress the name of the petitioner's minor grand daughter.

To 1.The President / Chairman, Child Welfare Committee, Near Kalaiyarangam, Trichy.

2.The Inspector of Police, All Women Police Station, Musiri, Trichy District.

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G.R.SWAMINATHAN, J.

mga W.P.(MD)No.12111 of 2022 22.08.2022 4/4