Justice M.S. Ramesh and Justice Sunder Mohan observed, “The minor boy has been under the care and custody of the fifth respondent herein right from the date of his birth and his physical custody has never been with the petitioner at all. The boy is now aged about 3 years and 9 months. At this age, when he had never lived with the petitioner, it would be in the welfare of the child that his care and custody should be retained by the fifth respondent herein for the present.”

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“Minor Boy Has Never Been With Biological Mother At All”: Madras HC Closes Habeas Corpus Plea Seeking Handover Of Custody
ByRiya Rathore|6 May 2024 9:15 PM

The Madras High Court closed a Habeas Corpus petition filed by the biological mother of a minor child seeking the handover of his custody.

The biological mother of a three-year-old minor boy, who was diagnosed with HIV during her pregnancy had handed over the custody of the child temporarily to the fifth respondent. The Bench clarified that, given the petitioner’s status as the biological mother, the Court’s order did not pertain to the adjudication or declaration of custodial rights or the appointment of a guardian for the child.

A Division Bench of Justice M.S. Ramesh and Justice Sunder Mohan observed, “The minor boy has been under the care and custody of the fifth respondent herein right from the date of his birth and his physical custody has never been with the petitioner at all. The boy is now aged about 3 years and 9 months. At this age, when he had never lived with the petitioner, it would be in the welfare of the child that his care and custody should be retained by the fifth respondent herein for the present.”

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Advocate Avinash Wadhwani represented the petitioner, while APP E. Raj Thilak appeared for the respondents.”
https://www.verdictum.in/court-updates/high-courts/madras-high-court-dmadhumithra-v-the-state-minor-boy-never-been-with-biological-mother-habeas-corpus-plea-custody-closed-1534127#:~:text=Home%20%C2%A0/%C2%A0Court,for%20the%20respondents.