The Madras High Court has permitted an 11-year-old girl to remain in the custody of her maternal grandmother, rejecting her mother’s habeas corpus petition after finding insufficient evidence of illegal detention. The Court emphasised that the welfare and best interests of a minor must guide decisions concerning custody.
A Division Bench of Justice M Nirmal Kumar and Justice N Gunasekaran, in its October 27 order, considered the child’s upbringing, a social investigation report and its interactions with the family before allowing her to continue living with her grandmother in Tamil Nadu’s Tirunelveli district.
The Court directed the grandmother to safeguard the girl’s education, safety and overall well-being. It also required her to allow the child’s mother and maternal aunt to visit and spend time with her.
Court Examines Allegations Against Grandmother
The custody dispute reached the High Court after the mother alleged that her daughter had faced mistreatment while living with the grandmother.
According to the petition, the woman married in January 2015 and divorced her husband in June 2018 on grounds of cruelty. She had placed her daughter in her mother’s care in Tirunelveli around 2017, when the girl was approximately two years old, while she worked in Chennai.
The petitioner maintained that she regularly visited her daughter and provided for her needs.
She alleged that difficulties arose after the grandmother developed a relationship with a man who frequently visited the residence. According to the mother, the man assaulted the child when she objected to his visits. She also accused two neighbours of sexually harassing the girl.
After learning about the alleged incidents from her sister, the mother filed a complaint at the All Women Police Station in Cheranmahadevi on October 5, 2026.
Following a police enquiry, the girl was produced before the Child Welfare Committee and placed in a child care institution. The mother subsequently approached the High Court seeking her custody.
Social Investigation Report Refers to Family Property Dispute
During the proceedings, the police submitted that their enquiry had found the allegations exaggerated to some extent. They also placed before the Court a social investigation report prepared by a social welfare officer.
The report recorded that the grandmother had cared for the girl since early childhood, including meeting her educational and other requirements. The child was studying in Class 6 at a private school.
It also noted that the mother had remarried and had another child from her second marriage.
The report raised the possibility that a property dispute had contributed to the disagreement within the family.
According to its findings, the grandmother had recently purchased certain houses, and her daughters reportedly feared that the properties might be transferred to a third person instead of them.
The report further suggested that allegations concerning the grandmother’s personal conduct and the alleged sexual harassment involving a visitor to her residence could be connected to the family disagreement.
The High Court, however, made clear that the allegations could not be accepted as established merely because they appeared in the report. They required consideration against the available material.
Grandmother Gives Undertaking on Child’s Safety
Counsel representing the grandmother informed the Court that she was a teacher who had provided the child with affection, education and other necessities throughout her upbringing.
Addressing the allegations involving the male visitor, counsel submitted that he was a priest who came to the house to conduct prayers.
The grandmother undertook that he would no longer be permitted to visit her residence and that any future prayers would take place exclusively at the church.
She also assured the Court that no unauthorised person would be allowed into her home in circumstances that might disturb or inconvenience the child.
The grandmother agreed to continue taking responsibility for the girl’s education, safety and other requirements. She also expressed willingness to allow the mother and her sister to meet the child.
No Sufficient Grounds for Habeas Corpus Relief
Before deciding the petition, the Bench personally interacted with the minor girl, her mother and her grandmother.
Taking account of those interactions and the social investigation report, the Court found that the grandmother had been responsible for the child’s upbringing and education for several years.
The Bench held that the available circumstances did not provide sufficient grounds to conclude that the child was being illegally detained or that a writ of habeas corpus was warranted.
It reiterated that the child’s welfare and best interests remained the overriding consideration in deciding the matter.
The Court consequently disposed of the mother’s petition and permitted the girl to continue residing with her grandmother, subject to the undertakings recorded during the proceedings.
The grandmother must ensure the child’s safety, welfare, education and overall well-being while allowing her mother and maternal aunt to maintain contact through visits and time spent together.
