– Photo : Amar Ujala
Expansion
In an important decision, the Lucknow bench of the Allahabad High Court said that the birth mother is the best person to raise minor children, including fulfilling their childhood needs. With this comment, the court ordered the handing over of three minor children from their step brother to the birth mother.
A single bench of Justice Saurabh Lavania gave this decision by accepting the petition of the biological mother. The biological mother had requested to hand over her three minor children to her by taking them from their step brother. After the death of the children’s father, all three were living with their step brother. This case was from Pratapgarh district.
On the other hand, the step brother, a party to the case, said that after the death of the children’s father, their biological mother had stopped living in her in-laws’ house. Since then, he has been taking care of them and fulfilling their needs. The step brother also raised questions on the maintainability of this habeas corpus petition filed by the biological mother, demanding the custody of the children.
On this, the court clarified that the legal guardian can demand the custody of his minor children from any relative or family member through a habeas corpus petition. The court said that in this case, since the children are not with any of their legal guardians, the habeas corpus petition is maintainable. With this legal arrangement, the court accepted the petition and ordered the handing over of the three minor children to their biological mother.
