Welfare of kids of estranged couples paramount: HC

One-liner: The welfare and future of children of estranged couples should be given paramount importance while dealing with custody cases, the Madras HC has ruled.

Custody: It said the interest of the minor children has to be ascertained by enquiry. Courts are not expected to grant custody of minors in a routine manner.

State of mind: A deeper enquiry with reference to the state of mind of the children is required, a division bench said in its recent order.

Appeal allowed: The bench was allowing an appeal from a Chennai-based woman head constable, who had challenged an order passed in April this year by a Family Court.

• The FC granted custody of her two minor children to her erstwhile husband, who, in turn, left them at his sister's house

Direction: After quashing the order of the FC, the bench directed the man, employed with TANGEDCO, to hand over the custody of the children to their mother.

Divorce: The woman got married to the man in Dec 2012. Due to a difference of opinion, the couple applied mutually for divorce and the FC granted relief in Aug 2018. 

• The husband applied for custody of the children and the court granted the plea

Bottom line: He subsequently left the children at his sister's house. Hence, the estranged wife moved the HC with the present appeal.

Source: PTI