Ex-mother-in-law to give child to woman
The petitioner is admittedly the mother and natural guardian of the minor, whose father is no more.
By : j. stalin
Update: 2015-12-27 06:45 GMT
Chennai: The Madras high court has held there is no embargo for a woman, who married another person after the death of her first husband, to seek custody of her child born through first marriage.
Allowing a petition from Subha, mother of a three- and-a- half year-old girl, a Division bench comprising Justices S. Tamilvanan and C. T. Selvam gave the ruling and directed her mother-in-law (mother of her first husband) to hand over the custody of the child immediately to the petitioner, besides directing the Nagapattinam police to provide necessary assistance in handing over the child.
“The petitioner is admittedly the mother and natural guardian of the minor, whose father is no more. Solemnising second marriage with another person after the death of her earlier husband is not an illegal or improper act. In the aforesaid circumstances, we are of the view that the claim of the petitioner is legally sustainable, when the claim is made by the mother and natural guardian, seeking custody.
There is no legal embargo for the petitioner in seeking the custody and further, the mother-in-law, who is the mother of the deceased husband of the petitioner, is not a similarly placed person”, the bench said.
In her petition, Subha submitted she was married to one Menon Babu on September 3, 2010 and they had a daughter. Her husband was a drunkard and died by hanging himself in June 2013.
After his demise, she stayed at her parent’s house along with her child. On February 22 this year, she married another person. While so, three days later, when the child was returning from school, she was kidnapped by her grandmother and 13 others. On a complaint given by her, the police registered a case.
Thereafter, she approached the police several times, but there was no response, she alleged. The bench said, “After the death of her husband, the petitioner was free, as per law, to decide her second marriage.
Accordingly, she married another person. It is the legal right of the petitioner, which cannot be construed as an illegal act. Merely because she married another person, after the death of her previous husband, she cannot be said incompetent to be the guardian of minor child and seeking custody of the child. “
The Bench also recorded the affidavit filed by the second husband stating that he was willing to take care of the child as a dutiful father, if the custody was given to the petitioner. He also assured that he along with the petitioner will take care of the welfare of the minor child and extend all support to the petitioner for the study and growth of the child.
“As the government is also taking a policy to encourage widows’ remarriage, holding the view that the mother is not entitled to have the custody, merely because she married another person, would be improper and against social justice”, the Bench observed.
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