Child’s custody: HC sets aside CWC order,wants its members to get trained in law

“One thing is certain. They (CWC members) required to be trained in law,” a division bench of Justices P B Majmudar and Rajesh Ketkar observed.

“It is dangerous to decide without knowing the law. We are worried about the way the committee had proceeded in the case.”

Petitioners S Venkat (currently employed in Chennai) and Meenu Venkat ( his second wife) had moved the court in 2007 seeking the custody of his child and to quash the CWC order.

The court had then come down heavily on the grandfather,B S Balasubramaniam,stating that his “behaviuor was deplorable” for bringing the police into the matter. Balasubramaniam had lodged a complaint with the Nehru Nagar police,following which he along with some relatives had forcefully taken Anita from her school premises and allegedly manhandled Meenu. The judges,however,told the parents that after all,he’s a grandfather and not an enemy. Anita on Tuesday told the judges that she did not wish to stay with her stepmother but was ready to stay with the father. She also revealed her intentions of pursuing her studies and opting for an aviation career.

“She told us that she wants to be a pilot,” the court said.

“While setting aside the CWC order,the court directed that the girl can continue to stay with her grandfather till the end of her entrance examination next month,and then can go and stay with her parents,” said advocate Deepa Chavan who appeared for the parents in the case.

Advocate M P Rao,who also appeared for the parents,told the court that there was paramount concern about their daughter mixing with wrong people.

He also pointed out that contrary to the allegations,none of her teachers,neighbours and her friends have any knowledge that she was being ill treated by her stepmother. The problems started around eight years ago. During her stay in Balasubramaniam’s house,she was told Meenu was not her biological mother and that her mother Chitra had died of a lung disease when she was one and half years old. Anita was also told Meenu was her stepmother and her two children were her step brother and sister.

According to the petitioners,this information was shocking for a girl of such a tender age. “The emotional damage was beyond repair and she was traumatised,” the petition stated.