Natural and legal rights

custody of a child = Mother is accused of murdering his father and her husband. She has a paramour with whom she is now residing. There is no pleading that mother is alone or that she will abode separately from her paramour. If custody of the child is handed over to her then he will be an unwanted intruder in their lives. Her paramour will have no compassion for him nor will he relish his company. Under such circumstances it is remote to conclude that mother will be able to foster the child in a healthy and congenial atmosphere. Not only the lover and beloved are important in this matter but the society around them will also have an impact on the upbringing of the child. It is very doubtful that detenue will have friendship with the adolescents of his age. As observed above quality of home atmosphere and surrounding enviorenment are important aspects to be taken note of. For litigating accused of a murder charge, it will be difficult to rear up the child in an atmosphere required for the said purpose.

HIGH COURT OF JUDICATURE AT ALLAHABAD AFR Reserved Habeas Corpus Writ Petition No. 9721 of 2011 Master Shobhit …………………………………………..Petitioner Versus State of U.P. and others …………………………….Respondents Hon. Vinod Prasad, J Manju Sonkar, a widow mother, natural and legal guardian of detenue petitioner Master Shobhit, has approached this court for issuance of a writ of Habeas … Continue reading →