“Biological Mother Regarded As Best To Take Care Of Young Needs Of Minors”: Allahabad HC Transfers Minors’ Custody To Mother From Step-Brother

Chambers of Ishaan Garg

Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054

+91 8851742417, +91 8800386163

The Allahabad High Court transferred custody of three minor children from their stepbrother to their biological mother. The Court observed that a biological mother is best regarded to take care of the young needs of the minors. The Bench clarified that a lawful guardian was entitled to seek restoration of the custody of a minor child from a kinsman or a relative through a writ of habeas corpus. The Court stated that a writ of habeas corpus was maintainable in matters relating to custody of a child where the child was in the custody of a relative or a person who was not their lawful guardian. A Single Bench of Justice Saurabh Lavania observed, “This Court finds force in the claim of the…biological mother of the petitioners no. 2 to 4, and also of the view that the biological mother be regarded to be the best to take care of the young needs of the minors and she would secure the welfare of the minors compared to the respondents no. 3 and 4, who are step son and step daughter-inlaw, respectively, of the petitioner no. 1 and, step brother and step sister-in-law, respectively, of the petitioner no. 2 to 4.”